Opinion
Argued June 10, 1971
Decided July 7, 1971
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, DOMINIC S. RINALDI, J.
Joel Berger and Robert Kasanof for appellant.
Eugene Gold, District Attorney ( Aaron Nussbaum of counsel), for respondent.
Order affirmed in the following memorandum: There was no showing of actual prejudice beyond the fact of the retrial itself, to which the defense — differing from that in Price v. Georgia ( 398 U.S. 323) — interposed no objection (see People ex rel. Williams v. Follette, 30 A.D.2d 693, affd. 24 N.Y.2d 949; People ex rel. Elias v. Follette, 32 A.D.2d 929, mot. for lv. to app. den. 25 N.Y.2d 742).
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.