
    The People of the State of New York, Respondent, v. Boldassaro De Mino, Appellant.
    Argued June 10, 1971;
    decided July 7, 1971.
    
      
      Joel Berger and Robert Kasanof for appellant.
    
      Eugene Gold, District Attorney (Aaron Nussbaum of counsel), for respondent.
   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, Beegan, Beeitel, Jasen and Gibson.  