The court providently exercised its discretion when, after accepting a partial verdict acquitting defendant of another charge, it declared a mistrial as to the remaining charge based on an implied finding of manifest necessity. In this brief trial, the jury sent out notes indicating it was deadlocked on the count at issue, before and after the court delivered an Allen charge in accordance with defendant's wishes (see Matter of Rivera v Firetog,
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PEOPLE v. ALEXANDER
5129. 1013/12.
156 A.D.3d 422 (2017)
64 N.Y.S.3d 521
2017 NY Slip Op 08480
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. YVETTE ALEXANDER, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided December 5, 2017.
Decided December 5, 2017.
Appellate Division of the Supreme Court of New York, First Department.
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