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PEOPLE v. REARDON

126 A.D.2d 974 (1987)

The People of the State of New York, Respondent, v. John S. Reardon, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 23, 1987

Judgment unanimously affirmed.

Memorandum:

Defendant's second trial was not barred by the double jeopardy clauses of either the Federal (US Const 5th Amend) or State Constitutions (NY Const, art I, § 6). Where the defendant either requests a mistrial or consents to its declaration, the double jeopardy clauses do not ordinarily bar a second trial (People v Ferguson, 67 N.Y.2d 383, 388; see, e.g., United...

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