In the Matter of Eddy Marte

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In a memorandum opinion, the court addressed whether defense counsel gave implied consent to a mistrial. The court held that there was ample basis on the record for the trial court to conclude that defendants agreed that a mistrial on the undecided charges was the appropriate course of action. The court also held that, because it found no basis to disturb the Appellate Division's factual finding of implied consent, it had no occasion to address the People's alternative argument that there was manifest necessity for the mistrial.