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IN THE MATTER OF RIVERA v. FIRETOG

11 N.Y.3d 501 (2008)

In the Matter of ENRIQUE RIVERA, Respondent, v. NEIL JON FIRETOG, a Justice of the Supreme Court, Kings County, Respondent, and CHARLES J. HYNES, District Attorney, Kings County, Appellant.

Court of Appeals of the State of New York.

Decided December 2, 2008.

Attorney(s) appearing for the Case

Charles J. Hynes, District Attorney, Brooklyn (Victor Barall and Leonard Joblove of counsel), for appellant.

Joel K. Dranove, New York City, for respondent.

Fahringer & Dubno, New York City (Herald Price Fahringer and Erica T. Dubno of counsel), for New York State Association of Criminal Defense Lawyers, amicus curiae.

Chief Judge KAYE and Judges CIPARICK, READ, SMITH and JONES concur with Judge GRAFFEO; Judge PIGOTT dissents in a separate opinion.

OPINION OF THE COURT

GRAFFEO, J.

In this CPLR article 78 proceeding, petitioner seeks to bar respondents from retrying him for murder on double jeopardy grounds. Petitioner was previously charged with murder and lesser included manslaughter offenses but his trial on those charges ended with a mistrial based on jury deadlock. The issue here is whether the trial judge abused his discretion when he declared...

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