N.Y. Criminal Procedure Law § 280.20: Motion for mistrial; status of indictment upon new trial

§ 280.20 Motion for mistrial; status of indictment upon new trial.

Upon a new trial resulting from an order declaring a mistrial, the

indictment is deemed to contain all the counts which it contained at the

time the previous trial was commenced, regardless of whether any count

was thereafter dismissed by the court prior to the mistrial order.