Appellate Division of the Supreme Court of the State of New York February 21, 2013 (Morris v. Livote)

OPINION OF THE COURT

Freedman, J.

In this CPLR article 78 proceeding, petitioner seeks a writ of prohibition barring respondents from retrying him on criminal charges after his first prosecution ended with the trial court declaring a mistrial* on the People’s motion and without petitioner’s consent.