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MATTER OF MIKEL v. MARK

249 A.D.2d 993 (1998)

672 N.Y.S.2d 161

In the Matter of Lawrence Mikel, Petitioner, v. Donald J. Mark, as Supreme Court Justice of Monroe County, et al., Respondents

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

April 29, 1998

Petition unanimously dismissed without costs.

Memorandum:

Petitioner commenced this CPLR article 78 proceeding seeking a writ of prohibition barring his retrial on the ground of double jeopardy. He contends that Supreme Court erred in dismissing a sworn juror during deliberations and declaring a mistrial and thus that he cannot be retried. We disagree. Pursuant to CPL 270.35 (1), if the court finds that a sworn juror is "grossly unqualified to serve in the...

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