(dissenting). After a trial that lasted a week, a mistrial was declared through no fault whatever of defendant or his counsel. There are numerous facts radically distinguishing this case from Matter of Snitkin v. Taylor (276 N. Y. 148), including the fact that the indictment has been disposed of and the action terminated. The order appealed from should be affirmed.
Order reversed, with twenty dollars costs and disbursements, and motion denied.