PEOPLE v. HAMILTON


255 A.D.2d 395 (1998)

679 N.Y.S.2d 849

The People of the State of New York, Respondent, v. Darin Hamilton, Appellant

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

November 9, 1998


Ordered that the judgment is affirmed.

Contrary to the defendant's contention that there was a violation of his right not to be twice placed in jeopardy for the same offense, the trial court did not improvidently exercise its discretion by granting the mistrial requested by the defense counsel in light of his immediate need for a heart transplant (see, People v Ferguson, 67 N.Y.2d 383). When the defendant objected...

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