Opinion
November 9, 1998
Appeal from the Supreme Court, Queens County (Robinson, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention that there was a violation of his right not to be twice placed in jeopardy for the same offense, the trial court did not improvidently exercise its discretion by granting the mistrial requested by the defense counsel in light of his immediate need for a heart transplant ( see, People v. Ferguson, 67 N.Y.2d 383). When the defendant objected to his counsel's motion, the court made a proper inquiry regarding the defense counsel's medical condition. Upon obtaining sufficient information regarding the severity and uncertainty of the defense counsel's condition, and after considering the alternatives, the trial court properly found that there was a manifest necessity for the mistrial ( see, Matter of Davis v. Brown, 87 N.Y.2d 626, 630; see also, People v. Holland, 248 A.D.2d 636; Matter of Romero v. Justices of Supreme Ct., 237 A.D.2d 292, 293-294).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
Bracken, J. P., Pizzuto, Friedmann and Luciano, JJ., concur.