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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 25, 2001

We granted leave for defendant to appeal and granted a stay pending our determination of whether the trial judge’s sua sponte declaration of a mistrial was improper resulting in a double jeopardy bar to defendant’s retrial.*fn1 We conclude that under the circumstances of this case, the double jeopardy bar applies. Defendants were charged in an Essex County indictment with three counts of drug offenses and three counts of weapons offenses. Jury selection for defendants’ joint trial began on October 24, 2000. Fourteen jurors were seated after two days and testimony began on October 26. The trial continued on October 27, 30 and 31. On October 31, defense counsel completed their summations late in the afternoon, and the prosecutor’s summation was scheduled for the next day, November 1.

 
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