PEOPLE v. DE MINO

Order affirmed in the following memorandum: There was no showing of actual prejudice beyond the fact of the retrial itself, to which the defense — differing from that in Price v. Georgia ( 398 U.S. 323) — interposed no objection (see People ex rel. Williams v. Follette, 30 A.D.2d 693, affd. 24 N.Y.2d 949; People ex rel. Elias v. Follette, 32 A.D.2d 929, mot. for lv. to app. den. 25 N.Y.2d 742).

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.