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PEOPLE v. PARKER

61 A.D.3d 439 (2009)

876 N.Y.S.2d 56

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ONNIE PARKER, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 7, 2009.

Defendant's retrial was not barred by double jeopardy, because the court's sua sponte declaration of a mistrial was based on manifest necessity (see Matter of Enright v Siedlecki, 59 N.Y.2d 195, 200 [1983]). The court observed that defense counsel had fallen asleep during the prosecutor's cross-examination of defendant. In addition to the court's own observations, the record reveals, among other things, counsel's failure to react...

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