Adjudged that the petition is denied, without costs or disbursements, and the proceeding is dismissed on the merits.
We reject the petitioner's contention that retrying him on Kings County indictment No. 1166/2005 would violate the prohibition against double jeopardy.
"Where a mistrial is granted without the consent or over the objection of a defendant, retrial is barred by double jeopardy protections unless there was `manifest necessity' for the mistrial...
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