The following excerpt is from Ferlito v. Judges of County Court, Suffolk County, 292 N.E.2d 779, 31 N.Y.2d 416, 340 N.Y.S.2d 635 (N.Y. 1972):
Prior to this, a police witness had testified and thus, of course, jeopardy had attached (Matter of Bland v. Supreme Ct., 20 N.Y.2d 552, 285 N.Y.S.2d 597, 232 N.E.2d 633).
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