N.Y. Criminal Procedure Law § 310.70: Rendition of partial verdict and effect thereof

§ 310.70 Rendition of partial verdict and effect thereof.

1. If a deliberating jury declares that it has reached a verdict with

respect to one or more but not all of the offenses submitted to it, or

with respect to one or more but not all of the defendants, the court

must proceed as follows:

(a) If the possibility of ultimate agreement with respect to the

other submitted offenses or defendants is so small and the circumstances

are such that if they were the only matters under consideration the

court would be authorized to discharge the jury pursuant to paragraph

(a) of subdivision one of section 310.60, the court must terminate the

deliberation and order the jury to render a partial verdict with respect

to those offenses and defendants upon which or with respect to whom it

has reached a verdict;

(b) If the court is satisfied that there is a reasonable possibility

of ultimate agreement upon any of the unresolved offenses with respect

to any defendant, it may either:

(i) Order the jury to render its verdict with respect to those

offenses and defendants upon which or with respect to whom it has

reached agreement and resume its deliberation upon the remainder; or

(ii) Refuse to accept a partial verdict at the time and order the

jury to resume its deliberation upon the entire case.

2. Following the rendition of a partial verdict pursuant to

subdivision one, a defendant may be retried for any submitted offense

upon which the jury was unable to agree unless:

(a) A verdict of conviction thereon would have been inconsistent with

a verdict, of either conviction or acquittal, actually rendered with

respect to some other offense, or

(b) The submitted offense which was the subject of the disagreement,

and some other submitted offense of higher or equal grade which was the

subject of a verdict of conviction, were so related that consecutive

sentences thereon could not have been imposed upon a defendant convicted

of both such offenses.

3. As used in this section, a "submitted offense" means any offense

submitted by the court to the jury, whether it be one which was

expressly charged in a count of the indictment or a lesser included

offense thereof submitted pursuant to section 300.50.