New York Court of Appeals

The People of the State of New York, Respondent v. John B. Allen, Jr., Appellant

November 2, 199586 N.Y.2d 599

Summary

The Court affirmed the conviction, holding that the defendant's express waiver of his double jeopardy claim as part of a plea bargain was valid and that the trial court properly granted a mistrial based on manifest necessity. A concurring opinion argued that double jeopardy claims should be nonwaivable.