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PEOPLE v. SMITH

12 A.D.3d 219 (2004)

784 N.Y.S.2d 530

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WARREN SMITH, Appellant.

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

November 16, 2004.

The record establishes that at defendant's first trial he consented to a mistrial and thus waived his present double jeopardy claim (People v Ferguson, 67 N.Y.2d 383, 386-389 [1986]; People v Michallow, 201 A.D.2d 915 [1994], lv denied 83 N.Y.2d 874 [1994]). In any event, the court properly declared a mistrial where, after a short and relatively uncomplicated trial and a reasonable...

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