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MATTER OF ARCARA v. SUPREME COURT, RICHMOND COUNTY

25 A.D.2d 877 (1966)

In the Matter of Joseph Arcara, Petitioner, v. Supreme Court, Richmond County, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 18, 1966

Application denied and proceeding dismissed, without costs.

In our opinion, the granting of the mistrial on May 2, 1966 was not an improvident exercise of discretion. Under the circumstances, the plea of double jeopardy to prevent retrial of petitioner is not available (Gori v. United States, 367 U.S. 364

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