Ordered that the judgment is affirmed.
The defendant contends that the trial court improperly ordered a mistrial and discharged the jury when it could not reach a verdict in the first trial of the instant charges, and, therefore, reprosecution was barred by the defendant's right against double jeopardy. We reject this claim as without merit and note that it was previously raised and rejected in a CPLR article 78 proceeding in the nature of prohibition by judgment...
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