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PEOPLE v. MASON

233 A.D.2d 271 (1996)

650 N.Y.S.2d 131

The People of the State of New York, Respondent, v. William Mason, Appellant

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

November 26, 1996

The record establishes that the decision of the court in the first trial to declare a mistrial was based on its belief that a juror could no longer deliberate impartially, and not on the purportedly deadlocked status of the jury. The court questioned the juror at length and elicited from him that his preoccupation with the well-being of his ill wife, as well as his agitation with the fact that the jury had served beyond the court...

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