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
Terms Used In N.Y. Criminal Procedure Law 310.60
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
- Verdict: The decision of a petit jury or a judge.
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.