Ordered that the application is granted; and it is further,
Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.
The declaration of a mistrial due to a deadlocked jury is a matter of discretion for the trial court, which is in the best position to determine whether a mistrial is required under the circumstances of the case, and its decision must be accorded great deference (see, Matter of Plummer v Rothwax...
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