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PEOPLE v. PAQUETTE

31 N.Y.2d 379 (1972)

The People of the State of New York, Respondent, v. Joseph Michael Paquette, Appellant.

Court of Appeals of the State of New York.

Decided December 28, 1972.

Attorney(s) appearing for the Case

Robert B. Armstrong for appellant.

George J. Aspland, District Attorney (James J. Cruise, Jr. of counsel), for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BREITEL, JASEN and GIBSON concur.

BERGAN, J.

The mistrial granted on application of the People on November 28, 1967 after the jury had been sworn, but before any witness had been called, did not preclude a subsequent trial because of double jeopardy, either within the New York rule or the Federal rule (Matter of Bland v. Supreme Ct., County of N. Y., 20 N.Y.2d 552; Downum v. United States,

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