PEOPLE v. TINSLEY


58 N.Y.2d 990 (1983)

The People of the State of New York, Respondent, v. Raymond Tinsley, Appellant. In the Matter of Raymond Tinsley, Appellant, v. Ivan Warner, as a Justice of the Supreme Court of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided March 22, 1983.


Attorney(s) appearing for the Case

Howard B. Comet and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Harold Kenneth King, Jr., and Billie Manning of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and SIMONS concur; Judge MEYER taking no part.


MEMORANDUM.

The order and judgment of the Appellate Division in these two actions should be affirmed.

Defendant presses several issues. We reject his contention that it was error at his first trial for the trial court sua sponte to have declared a mistrial and that in consequence defendant was unconstitutionally exposed to double jeopardy on his second trial. On the first trial, after the jury had been charged...

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