From Casetext: Smarter Legal Research

Matter of Cavaliere v. Judges of the S.C

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 1990
157 A.D.2d 722 (N.Y. App. Div. 1990)

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.


Summaries of

Matter of Cavaliere v. Judges of the S.C

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 1990
157 A.D.2d 722 (N.Y. App. Div. 1990)
Case details for

Matter of Cavaliere v. Judges of the S.C

Case Details

Full title:In the Matter of LOUIS CAVALIERE, Petitioner, v. JUDGES OF THE SUPREME…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 16, 1990

Citations

157 A.D.2d 722 (N.Y. App. Div. 1990)
549 N.Y.S.2d 817