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PEOPLE v. COOK

52 A.D.3d 255 (2008)

859 N.Y.S.2d 181

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERMAINE COOK, Appellant.

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

Decided June 5, 2008.

At the first trial, the court properly exercised its discretion when it declared a mistrial. This action was based on manifest necessity, and double jeopardy did not bar retrial (see Matter of Plummer v Rothwax, 63 N.Y.2d 243, 249-250 [1984]; People v Michael, 48 N.Y.2d 1, 9 [1979]; CPL 280.10 [3]; 310.60 [1] [a]). The jury indicated that it was at an impasse after approximately five days...

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