MATTER OF SPIVACK v. BROWN


259 A.D.2d 488 (1999)

686 N.Y.S.2d 768

In the Matter of RICHARD C. SPIVACK, on Behalf of GLEN MILTON, Petitioner, v. RICHARD A. BROWN et al., Respondents.

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

Decided March 1, 1999.


Ordered that the application for poor person relief is granted; and it is further,

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

The petitioner was charged under Queens County Indictment Number 1990/97 with robbery in the first degree and robbery in the second degree. The trial ended in a mistrial when the jury was unable to reach a verdict. The defendant contends that the court erred in declaring a mistrial...

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