Ordered that the judgment is affirmed.
The defendant was convicted of burglary in the second degree after a second trial, the first trial having ended in a mistrial when the jury was unable to reach a verdict. He now contends that the mistrial was declared prematurely and that the retrial was violative of his Fifth Amendment right not to be subjected to double jeopardy.
Pursuant to CPL 310.60 (1) (a), a mistrial may be declared when "[t]he jury has deliberated...
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