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

Summary

The Court of Appeals affirmed the Appellate Division’s order, 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’s declaration of a mistrial was manifestly necessary. The majority emphasized that double jeopardy claims are waivable unlike certain other appellate issues. Judge Titone filed a concurring opinion arguing that double jeopardy should be treated as a nonwaivable issue.