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PEOPLE v. HAFFA

577 KA 18-01630.

197 A.D.3d 964 (2021)

150 N.Y.S.3d 658

2021 NY Slip Op 04855

The People of the State of New York, Respondent, v. Justin S. Haffa, Appellant.

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

Decided August 26, 2021.

Attorney(s) appearing for the Case

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO ( ALLYSON L. KEHL-WIERZBOWSKI OF COUNSEL), FOR DEFENDANT-APPELLANT.

JASON L. SCHMIDT , DISTRICT ATTORNEY, MAYVILLE ( EMILY A. WOODARD , OF COUNSEL), FOR RESPONDENT.

Present —Carni, J.P., Lindley, Curran, Bannister and DeJoseph, JJ.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of robbery in the third degree (Penal Law § 160.05). Defendant contends that, because he was purportedly forced to move for a mistrial after his first trial due to prosecutorial misconduct, his second trial was barred by the double jeopardy clauses of either the Federal (US Const 5th Amend) or State...

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