Matter of Gentil v. Margulis


AD 2 order dated September 24, 2014, granting writ of prohibition barring the People from retrying the petitioner on double jeopardy grounds. Decision below: 120 AD3d 1414, 993 NYS2d 115. Argued October 14, 2015.
ISSUE PRESENTED: Where the trial court declared a mistrial rather than accept a partial verdict, was there manifest necessity for the mistrial declaration or is re-prosecution barred by double jeopardy?