New York Court of Appeals April 1, 1975 (Di Lorenzo v. Murtagh)

Jones, J.

The question is whether, in view of defendant’s acquittal on two counts of perjury, he may be retried on five other counts as to each of which the trial court declared a mistrial because the jury could not reach a verdict.

Defendant was indicted on eight counts of perjury and one count of obstructing governmental administration.