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PEOPLE v. LANTIGUA

Ind. No. 2118/10. Appeal No. 14402-14403. Case No. 2016-815. 2018-630.

198 A.D.3d 514 (2021)

152 N.Y.S.3d 801

2021 NY Slip Op 05671

The People of the State of New York, Respondent, v. Anderson Lantigua, Appellant. The People of the State of New York, Respondent, v. Carlos Alvarez, Appellant.

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

Decided October 19, 2021.

Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( Victorien Wu of counsel), for Anderson Lantigua, appellant.

Robert S. Dean , Center for Appellate Litigation, New York ( Mark W. Zeno of counsel), for Carlos Alvarez, appellant.

Darcel D. Clark , District Attorney, Bronx ( Diana Lewis of counsel), for respondent.

Concur—Gische, J.P., Webber, Mazzarelli, Moulton, Pitt, JJ.

Double jeopardy bars a retrial except as to a defendant who has requested or consented to the mistrial (Matter of Davis v Brown, 87 N.Y.2d 626, 630 [1996]). Here, the record does not show that either defendant consented to a mistrial without prejudice. Defendants initially made general motions for a mistrial, but on the next day they expressly limited their motions to requests for a mistrial with prejudice. Accordingly, when the...

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