PEOPLE v. HAMBRICK

2009-10686.

96 A.D.3d 972 (2012)

947 N.Y.S.2d 139

2012 NY Slip Op 5021

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAZZY HAMBRICK, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

June 20, 2012.


Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that, notwithstanding his own counsel's request for a mistrial, a demonstration of "manifest necessity" was required prior to the declaration of a mistrial in his first trial. The defendant also failed to preserve for appellate review his contention that, in fact, no such "manifest necessity" for a mistrial was established and that, as such, double jeopardy...

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