MATTER OF MARCUS B.

6407.

95 A.D.3d 15 (2012)

942 N.Y.S.2d 38

2012 NY Slip Op 2178

In the Matter of MARCUS B., a Person Alleged to be a Juvenile Delinquent, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 22, 2012.


Attorney(s) appearing for the Case

Law Offices of Randall S. Carmel, Syosset ( Randall S. Carmel of counsel), for appellant.

Michael A. Cardozo , Corporation Counsel, New York City ( Larry A. Sonnenshein and Leonard Koerner of counsel), for presentment agency.

SAXE, J.P. MOSKOWITZ, ACOSTA and RENWICK, JJ., concur.


OPINION OF THE COURT

CATTERSON, J.

In this case arising from the adjudication of a petition for juvenile delinquency, the declaration of a mistrial due to the presiding judge's transfer from Family Court to Civil Court was a matter of administrative convenience rather than "manifest necessity." Therefore, the commencement of a new fact-finding hearing violated the appellant's constitutional protection from double jeopardy.

The record reflects that...

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