Opinion
May 27, 1994
Appeal from the Supreme Court, Erie County, Kubiniec, J.
Present — Green, J.P., Pine, Balio, Callahan and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: We agree with defendant that his purported waiver, as part of his guilty plea, of his right to appeal on constitutional double jeopardy grounds was invalid (see, People v. Callahan, 80 N.Y.2d 273, 280; People v. Seaberg, 74 N.Y.2d 1, 9; see also, People v. Michael, 48 N.Y.2d 1, 7). On the merits, however, we conclude that the court properly granted the People's earlier motion for a mistrial based on manifest necessity (see, CPL 280.10; Matter of Enright v. Siedlecki, 59 N.Y.2d 195, 199-201). The court's reliance on medical information that a key prosecution witness had suffered a massive heart attack was proper (see, Hall v. Potoker, 49 N.Y.2d 501, 507).