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MATTER OF ATKINSON v. BARONE

200 A.D.2d 438 (1994)

607 N.Y.S.2d 244

In the Matter of Stephen Atkinson, Appellant, v. John Barone, as Judge of The Criminal Court of Bronx County, et al., Respondents

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

January 13, 1994

The trial court did not abuse its discretion in declaring a mistrial upon the ground of "manifest necessity", there having been reliable information that the inability of the complaining witness to complete her testimony was due to unforeseeable complications in her 8½ month pregnancy not within the control of the People (see, Hall v Potoker, 49 N.Y.2d 501...

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