PEOPLE v. NICCOLICH


220 A.D.2d 461 (1995)

631 N.Y.S.2d 922

The People of the State of New York, Respondent, v. Silvano Niccolich, Appellant

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

October 2, 1995


Ordered that the judgment is reversed, on the law, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

Following a three-week trial and the submission of the case to the jury, the trial court declared a mistrial over the defendant's objection when one of the deliberating jurors became ill. On appeal, the defendant contends that the trial court's...

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