PEOPLE v. PETERSON


273 A.D.2d 88 (2000)

709 N.Y.S.2d 540

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR PETERSON, Appellant.

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

Decided June 13, 2000.


Defendant explicitly consented to the declaration of mistrial during his first trial and there is nothing in the record to support his claim that his consent was coerced by the court. On the contrary, defendant's consent was clearly the product of the protracted deliberations and the jury's notes insisting that it was hopelessly deadlocked. In any event, declaration of a mistrial without defendant's consent would have been a proper exercise of discretion because a unanimous...

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