Appellate Division, Third Department · February 19, 2026 · 252 AD3d 148
Matter of Guiden v Jose-Decker
Read the official decision: 252 AD3d 148
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Holding The Appellate Division dismissed the petition for a writ of prohibition, holding that the trial court’s grant of a mistrial was supported by manifest necessity due to a juror’s gross misconduct and the resulting substantial and irreparable prejudice to the People’s case. Consequently, the defendant’s retrial is not barred by double jeopardy protections.
The court’s words
juror No. 5 engaged in repeated, willful disobedience of explicit instructions not to discuss the case
252 AD3d 148, at the official text
resulted in "substantial and irreparable prejudice" to the People's case
252 AD3d 148, at the official text
respondent expressly considered and rejected petitioner's proffered alternatives to mistrial
252 AD3d 148, at the official text
defendant's retrial is not barred by double jeopardy and, accordingly, we dismiss the petition
252 AD3d 148, at the official text
| Court | Appellate Division, Third Department |
|---|---|
| Decided | February 19, 2026 |
| Citation | 252 AD3d 148 |
| Area of law | Criminal Procedure |
| Week | Week ending February 21, 2026 |
| Official text | Official decision: 252 AD3d 148 |
| Source feed | New York advance sheet: 26nyadv41.pdf |
| Law Watch record id | 1303 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Guiden v Jose-Decker, 252 AD3d 148 (Appellate Division, Third Department, February 19, 2026), https://esqhq.com/decisions/252-ad3d-148/
How this record was made
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