Judgment unanimously affirmed, without costs.
Memorandum.
Because it was an improvident exercise of discretion for the court to declare a mistrial, petitioner's retrial on the same criminal charges is prohibited by the double jeopardy provisions of the State and Federal Constitutions. Before declaring a mistrial in a criminal action it is incumbent upon a trial court to explore appropriate alternatives and to abort the trial only as a last resort (see People...
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