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PEOPLE v. MITCHELL

197 A.D.2d 709 (1993)

602 N.Y.S.2d 923

The People of the State of New York, Respondent, v. Anthony Mitchell, Appellant

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

October 25, 1993

Ordered that the judgment is affirmed.

The defendant contends that the Double Jeopardy Clauses of the United States Constitution (US Const 5th, 14th Amends) and the New York Constitution (NY Const, art I, § 6) requires a dismissal of the indictment because his motion for a mistrial was provoked by deliberate prosecutorial misconduct. We disagree.

Although in her opening statement the prosecutor improperly referred to the defendant as a "pimp" (see...

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