A judge’s faulty mistrial declaration has resulted in barring on double jeopardy grounds Queens prosecutors from retrying a defendant on weapons charges, the Appellate Division, Second Department, has ruled.
"There is an insufficient basis in the record for the declaration of a mistrial, and thus retrial is precluded," the panel said in its unsigned April 17 opinion in Smith v. Brown, 2013-00751, granting Eric Smith’s Article 78 petition prohibiting retrial.
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