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PEOPLE v. VENTURA

13 A.D.3d 148 (2004)

786 N.Y.S.2d 469

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAYSEN VENTURA, Appellant.

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

December 14, 2004.

Defendant's retrial following a mistrial was not barred by the principle of double jeopardy. The record fails to support defendant's claim that the prosecutor deliberately provoked the court's declaration of a mistrial (see Oregon v Kennedy, 456 U.S. 667 [1982]; Matter of Davis v Brown, 87 N.Y.2d 626 [1996]). The court declared a mistrial, without objection, because the jury,

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