AD1: Double jeopardy bars a retrial where defendant has not requested or consented to mistrial


On October 19. 2021, the Appellate Division, First Department reversed and dismissed C.A's conviction for first-degree robbery. Because the defense requested a mistrial with prejudice, the court should have obtained defendants’ unequivocal consent before discharging the first jury or else have continued the trial with the same jury. Mark Zeno represented C.A. on appeal.