N.Y. Criminal Procedure Law § 310.60: Discharge of jury before rendition of verdict and effect thereof

§ 310.60 Discharge of jury before rendition of verdict and effect

thereof.

1. A deliberating jury may be discharged by the court without having

rendered a verdict only when:

(a) The jury has deliberated for an extensive period of time without

agreeing upon a verdict with respect to any of the charges submitted and

the court is satisfied that any such agreement is unlikely within a

reasonable time; or

(b) The court, the defendant and the people all consent to such

discharge; or

(c) A mistrial is declared pursuant to section 280.10.

2. When the jury is so discharged, the defendant or defendants may be

retried upon the indictment. Upon such retrial, the indictment is

deemed to contain all counts which it contained, except those which were

dismissed or were deemed to have resulted in an acquittal pursuant to

subdivision one of section 290.10.