Opinion
October 25, 1993
Appeal from the Supreme Court, Queens County (Groh, J.).
Ordered that the judgment is affirmed.
The defendant contends that the Double Jeopardy Clauses of the United States Constitution (US Const 5th, 14th Amends) and the New York Constitution (NY Const, art I, § 6) requires a dismissal of the indictment because his motion for a mistrial was provoked by deliberate prosecutorial misconduct. We disagree.
Although in her opening statement the prosecutor improperly referred to the defendant as a "pimp" (see generally, People v Ventimiglia, 52 N.Y.2d 350, 361-362), the record does not support the defendant's claim that she did so with the intent to provoke a mistrial. "Absent such a bad-faith intent, the misconduct does not constitute the type of prosecutorial overreaching contemplated by the United States Supreme Court as requiring the barring of reprosecution on the ground of double jeopardy" (People v. Copeland, 127 A.D.2d 846, 847; see, Oregon v. Kennedy, 456 U.S. 667, 675-676; Schoendorf v. Mullen, 152 A.D.2d 715, 716). Mangano, P.J., Balletta, Rosenblatt and Ritter, JJ., concur.