Opinion
January 16, 1990
Adjudged that the petition is denied, without costs or disbursements.
In view of the numerous applications by the defense counsel for a mistrial, his statements that he was standing on the record of those motions, and his failure to object to the declaration of a mistrial, we infer from the totality of circumstances an acquiescence on his part to the declaration of a mistrial (see, People v. Ferguson, 67 N.Y.2d 383; People v. Young, 137 A.D.2d 777). Absent any evidence of bad faith or an intent by the prosecution to provoke a mistrial motion, retrial of the indictment is not barred by the prohibition against double jeopardy. Lawrence, J.P., Kooper, Harwood and Balletta, JJ., concur.