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  5. 87 N.Y.2d 626 (1996)
 

MATTER OF DAVIS v. BROWN

87 N.Y.2d 626 (1996)

664 N.E.2d 884

641 N.Y.S.2d 819

In the Matter of Arthur Davis, Appellant, v. Richard A. Brown, as District Attorney of Queens County, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 28, 1996.

Attorney(s) appearing for the Case

Mark W. Zeno, Kew Gardens, Robert M. Baum and Lori L. Zeno for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Andrew L. Crabtree and Steven J. Chananie of counsel), for Richard A. Brown, respondent pro se.

Dennis C. Vacco, Attorney-General, New York City (Arnold D. Fleischer and Barbara G. Billet of counsel), for Stanley Katz, respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.

CIPARICK, J.

Petitioner Arthur Davis commenced this CPLR article 78 proceeding in the nature of prohibition to bar, on double jeopardy grounds, his retrial for robbery in the second degree. Petitioner claims that his motion for a mistrial was specifically delimited a request for a mistrial with prejudice and that the court, by granting a mistrial without prejudice, granted the mistrial without his consent. Under...

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