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HAMEED v. ROTKER

99 A.D.2d 824 (1984)

Basheer Hameed et al., Petitioners, v. Seymour Rotker, as Acting Justice of The Supreme Court of the State of New York, 11th Judicial District, Respondent

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

February 27, 1984

Proceeding dismissed, without costs or disbursements.

Notwithstanding the fact that the trial court had delivered an Allen charge (Allen v United States, 164 U.S. 492) three hours prior to its declaration of a mistrial, it was not bound to substitute an available alternate, pursuant to CPL 270.35, when one juror was unable to continue deliberations. Because the jury had been deliberating for seven days and had twice declared...

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