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PEOPLE v. ALBAREZ

209 A.D.2d 186 (1994)

618 N.Y.S.2d 528

The People of the State of New York, Respondent, v. Juan Albarez, Also Known as Juan Carlos Albarez, Also Known as Juan Parra, Also Known as Juan Carlos Parra, Appellant

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

November 3, 1994

There is no merit to defendant's claim that his right against double jeopardy was violated by the court's declaration of a mistrial, such declaration having been made before the entire jury panel had been selected and sworn, and thus before jeopardy had attached (People v Singh, 190 A.D.2d 640, 640-641, lv denied 81 N.Y.2d 1020). In declaring a mistrial, the court correctly used the less stringent standard of whether "the...

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