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MATTER OF MORRIS v. LIVOTE

Nos. 4334/10, 9012-5107.

105 A.D.3d 43 (2013)

962 N.Y.S.2d 59

In the Matter of JAMAL MORRIS, Petitioner, v. LEONARD LIVOTE et al., Respondents.

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

February 21, 2013.

Attorney(s) appearing for the Case

The Bronx Defenders, Bronx ( V. Marika Meis , Adeola Ogunkeyede and John Vang of counsel), for petitioner.

Eric T. Schneiderman , Attorney General, New York City ( Susan Anspach of counsel), for Hon. Leonard Livote, respondent.

Robert T. Johnson , District Attorney, Bronx ( Tammy M. Vadasz and Breanne M. Smith of counsel), for Robert T. Johnson, respondent.

SAXE, J.P., MANZANET-DANIELS and GISCHE, JJ., concur.

OPINION OF THE COURT

FREEDMAN, J.

In this CPLR article 78 proceeding, petitioner seeks a writ of prohibition barring respondents from retrying him on criminal charges after his first prosecution ended with the trial court declaring a mistrial* on the People's motion and without petitioner's consent. We grant the application because there was no manifest necessity for a mistrial, and accordingly retrial is barred under the Double...

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