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PEOPLE v. HAWKINS

228 A.D.2d 450 (1996)

643 N.Y.S.2d 634

The People of the State of New York, Respondent, v. William Hawkins, Appellant

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

June 3, 1996

Ordered that the judgment and amended judgment are affirmed.

The defendant was not subjected to double jeopardy when he was retried after his first trial under Indictment No. 1506/93 ended in a mistrial. While the defendant did not expressly consent to the mistrial, his consent may be implied from the circumstances which led to the court's decision to declare a mistrial (see, People v Ferguson,

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