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MTR OF ENRIGHT v. SIEDLECKI

59 N.Y.2d 195 (1983)

In the Matter of Dennis L. Enright, Respondent, v. Andrew F. Siedlecki, as Judge of the County Court of Tioga County, et al., Appellants. In the Matter of Arthur W. Huntzinger, Respondent, v. Andrew F. Siedlecki, as Judge of the County Court of Tioga County, et al., Appellants.

Court of Appeals of the State of New York.

Decided June 9, 1983.

Attorney(s) appearing for the Case

Robert J. Simpson, District Attorney, for appellants.

Robert L. Miller and Gerald A. Keene for Dennis L. Enright, respondent.

Robert L. Miller and Gerald A. Keen for Arthur William Huntzinger, respondent.

Chief Judge COOKE and Judges JASEN and WACHTLER concur with Judge MEYER; Judges JONES and SIMONS dissent and vote to affirm in a memorandum.

MEYER, J.

Manifest necessity for the declaration of a mistrial in a criminal case exists when after opening statements referring to a confession have been made, the prosecutor discovers a Miranda warnings statement indicating that defendant had requested counsel and the confession is, after a hearing, suppressed. Manifest necessity likewise exists when an essential defense witness becomes unavailable;...

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