Opinion
January 29, 1988
Appeal from the Monroe County Court, Celli, J.
Present — Dillon, P.J., Callahan, Doerr, Green and Balio, JJ.
Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting defendant of first degree kidnapping, his primary claim is that a prior mistrial prohibited reprosecution on grounds of double jeopardy. We disagree. Since the mistrial was granted on defendant's motion and there is no evidence that the prosecutor intentionally provoked it, the reprosecution was not barred by the Double Jeopardy Clause of either the Federal or State Constitutions (Oregon v Kennedy, 456 U.S. 667, 673-674; Matter of Owen v Harrigan, 131 A.D.2d 20, 22; People v Reardon, 126 A.D.2d 974; cf., Matter of Potenza v Kane, 79 A.D.2d 467). We have considered each of defendant's remaining claims and find that none requires a reversal of the judgment.