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PEOPLE v. DI MARCO

134 Misc.2d 863 (1987)

The People of the State of New York, Plaintiff, v. Benjamin Di Marco, Defendant.

Supreme Court, Trial Term, Bronx County.

March 10, 1987

Attorney(s) appearing for the Case

Mario Merola, District Attorney (William Flack of counsel), for plaintiff. Murray Richman for defendant.

LAWRENCE J. TONETTI, J.

After a jury was sworn, the court granted a mistrial due to the unavailability of an essential prosecution witness. Does the 5th Amendment's double jeopardy provision bar any further prosecution where the court has contributed to the unavailability of said witness by its refusal to grant a material witness order? For the reasons set forth in the following opinion, the court determines...

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