PEOPLE v. SPENCER


197 A.D.2d 364 (1993)

602 N.Y.S.2d 131

The People of the State of New York, Respondent, v. Selvin Spencer, Also Known as Spencer Selvin, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 5, 1993


Before the trial court declared a mistrial at defendant's first trial, it considered the length of the jury's deliberation, the complexity of the issues, and the jury's categorical statement that it was deadlocked. Accordingly, the trial court did not abuse its discretion in declaring a mistrial over the defendant's objections where the sole issue was identification (see, Matter of Plummer v Rothwax, 63 N.Y.2d 243; Matter...

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