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PEOPLE v. SANTANA

260 A.D.2d 187 (1999)

687 N.Y.S.2d 376

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT SANTANA, Also Known as JAVIER RIVERA, Appellant.

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

Decided April 8, 1999.

The declaration of a mistrial after the first trial was an appropriate exercise of discretion (see, People v Dawkins, 82 N.Y.2d 226, 232), since the trial was not long or complex, the jury's deliberations had been lengthy, the second deadlock note from the jury was detailed and unwavering, and there would have been a substantial potential for coercion if the court had required this jury to engage in further deliberations (see...

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