Judgment unanimously affirmed.
Memorandum:
Because of an inadvertent reference by a witness to a "photo array" at defendant's first trial, defense counsel moved for a mistrial. Over the People's objection, defendant's motion for a mistrial was granted and, without objection, a new trial was scheduled. Defendant was convicted, after the retrial, of manslaughter in the first degree (Penal Law § 125.20).
Although defendant's trial counsel failed...
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