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MATTER OF ROMAN v. BROWN

175 A.D.2d 899 (1991)

In the Matter of Edwin Roman, Petitioner, v. Richard Brown, District Attorney, et al., Respondents

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

August 22, 1991

Adjudged that the proceeding is dismissed, without costs or disbursements.

The petitioner claims that the Double Jeopardy Clause bars retrial because his motion for a mistrial at the prior trial was provoked by deliberate prosecutorial misconduct. We disagree. Our review of the relevant portions of the record reveals that the prosecutor's conduct was not "intended to provoke the [petitioner] into moving for a mistrial" (Oregon v Kennedy, 456...

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