PEOPLE v. DENNIS


258 A.D.2d 255 (1999)

685 N.Y.S.2d 177

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONNAR DENNIS, Appellant.

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

Decided February 2, 1999.


The court's declaration of a mistrial before an entire jury was selected and sworn was proper. Suspension of the trial for at least several days, to await the processing of defendant's new arrest, would have resulted in the unavailability of a People's witness, or, in the event the trial was adjourned for an additional week to await the return of the witness, in the unavailability of two of the six selected jurors. Under the circumstances, absent a mistrial, the ends of justice...

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