Smith v. Brown


AD2 order dated April 17, 2013, granting Article 78 petition in the nature of prohibition to bar retrial, based on double jeopardy. Decision below: 105 AD3d 965, 962 NYS2d 713.

ISSUE PRESENTED: Whether there was manifest necessary for a mistrial declaration during deliberations, over defense objections, when a deliberating juror was excused as grossly unqualified, but defendant was willing to proceed with 11 jurors.

Manifest necessity for mistrial