Adjudged that the proceeding is dismissed, without costs or disbursements.
The petitioner's claim that the principles of double jeopardy bar any further proceedings under this indictment are without merit. The entire jury had not been impanelled and sworn at the time prior trial proceedings were terminated. Therefore, jeopardy did not attach (see, CPL 40.30 [1] [b]; Matter of Brackley v Donnelly,
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