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HALL v. POTOKER

49 N.Y.2d 501 (1980)

Raymond Hall, Appellant, v. Michael Potoker et al., as Justice of the Supreme Court of the State of New York, Kings County, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 25, 1980.

Attorney(s) appearing for the Case

Steven G. Asin, Leon B. Polsky, Ivar Goldart, Barbara Salken and Pamela R. Winnick for appellant.

Eugene Gold, District Attorney (Joel M. Goldberg of counsel), respondent pro se.

Robert Abrams, Attorney-General (Patricia C. Armstrong and Shirley Adelson Siegel of counsel), for Michael Potoker and another, respondents.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

Chief Judge COOKE.

The issue here is whether double jeopardy bars retrial of a criminal defendant where, due to the unexpected hospitalization of a prosecution witness, a mistrial had been declared over defense objection. A unanimous Appellate Division held that the retrial was permissible. For reasons which follow, there should be an affirmance.

Petitioner, Raymond Hall, was indicted by a Kings County...

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