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MATTER OF DAVIS v. BROWN

215 A.D.2d 381 (1995)

626 N.Y.S.2d 234

In the Matter of Arthur Davis, Petitioner, v. Richard A. Brown et al., Respondents

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

May 1, 1995

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

The petitioner claims that a retrial under Indictment No. 3592/94 is barred because his motion for a mistrial at the prior trial was provoked by deliberate prosecutorial misconduct. We disagree. Our review of the record reveals that the prosecutor's conduct was not intended to provoke the petitioner to move for a mistrial...

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