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PEOPLE v. BROWNE

2011-10006, Ind. No. 9883/08.

144 A.D.3d 834 (2016)

2016 NY Slip Op 07336

41 N.Y.S.3d 238

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIANA BROWNE, Appellant.

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

Decided November 9, 2016.

Ordered that the judgment is affirmed.

The double jeopardy clauses of the United States Constitution (US Const 5th,14th Amends) and the New York Constitution (NY Const, art I, § 6) did not bar the retrial of the defendant after her first trial ended in a mistrial. There is no evidence that the prosecutor acted with a bad-faith intent to provoke a mistrial (see Oregon v Kennedy, 456 U.S. 667, 673-674 [1982]; Matter of...

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