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MATTER OF BANNISTER v. WILEY

10830, 5306N/16.

179 A.D.3d 579 (2020)

114 N.Y.S.3d 650

2020 NY Slip Op 00522

In the Matter of Sharon Bannister, Petitioner, v. Maxwell Wiley et al., Respondents.

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

Decided January 28, 2020.

The trial court was not compelled by manifest necessity to declare a mistrial and terminate the proceedings (see Matter of Capellan v Stone, 49 A.D.3d 121 [1st Dept 2008], lv denied 10 N.Y.3d 716 [2008]), and accordingly, retrial is barred under the Double Jeopardy Clauses of the Federal and New York State Constitutions (US Const 5th Amend; NY Const, art I, § 6; see also People v Michael, 48 N...

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