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PEOPLE v. HENDERSON

50 A.D.3d 525 (2008)

856 N.Y.S.2d 97

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL HENDERSON, Appellant.

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

Decided April 24, 2008.

The court properly exercised its discretion when it denied defendant's mistrial motion made after the deliberating jury indicated it was deadlocked (see Matter of Plummer v Rothwax, 63 N.Y.2d 243, 250 [1984]). Although deliberations had been spread out over several days, the total amount of time expended in actual deliberations was not particularly lengthy, and there is no reason to believe the jury reached a verdict under coercive...

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