MATTER OF CLUKEY v. CLUTE


246 A.D.2d 906 (1998)

667 N.Y.S.2d 825

In the Matter of William Clukey, Petitioner, v. Penelope Clute, as District Attorney of Clinton County, et al., Respondents

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

January 22, 1998


Mikoll, J. P.

Petitioner contends that his retrial is barred upon principles of double jeopardy because County Court abused its discretion in granting the prosecution's motion for a mistrial in the absence of "manifest necessity" therefor.

Petitioner's jury trial commenced on September 17, 1997 and continued through September 18, 1997 with jury selection, opening statements and the testimony of one witness...

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