Opinion
September 14, 1992
Appeal from the Supreme Court, Kings County (Marrus, J.).
Ordered that the judgment is affirmed.
We find that the further prosecution of the defendant was not barred by double jeopardy since there was a manifest necessity for a sua sponte declaration of a mistrial at the defendant's first trial. Under the circumstances, the court properly declared a mistrial upon ascertaining that the defense counsel had been suspended from the practice of law (see, People v Ferguson, 67 N.Y.2d 383).
The defendant's contention that he was deprived of his right to counsel because the attorney who represented him at the Mapp hearing had been suspended from the practice of law is unpreserved for appellate review. The defendant did not request a new hearing after new counsel was appointed to represent him at his second trial (see, People v Martin, 50 N.Y.2d 1029; People v Tutt, 38 N.Y.2d 1011; People v Gray, 154 A.D.2d 478).
The defendant's contention that the verdict sheet submitted to the jury was improper is unpreserved for appellate review because he failed to object to its submission (see, People v Gray, supra, at 481; People v Mathis, 150 A.D.2d 613; People v Moore, 149 A.D.2d 739).
The defendant's remaining contention is without merit. Thompson, J.P., Bracken, O'Brien and Santucci, JJ., concur.