People v. Gayle

OPINION OF THE COURT

Vincent M. Del Giudice, J.

Defendant , is charged with criminal possession of a weapon in the third degree, under Penal Law § 265.02 (1), and moves *557for dismissal of the indictment on double jeopardy grounds, pursuant to CPL 40.20 (1).

The instant motion arises out of this court’s constrained grant of defendant’s motion for a mistrial on September 19, 2002, during the direct testimony of a law enforcement agent called by the People as their first witness, on the ground that the prosecution failed to turn over to the defense in a timely manner, as Rosario material pursuant to…