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Article 280 - NY Criminal Procedure Law

JURY TRIAL - MOTION FOR A MISTRIAL

Section Description
280.10Motion for mistrial.
280.20Motion for mistrial; status of indictment upon new trial.
S 280.10 Motion for mistrial.
  At any time during the trial, the court must declare a mistrial and
order a new trial of the indictment under the following circumstances:
  1.  Upon motion of the defendant, when there occurs during the trial
an error or legal defect in the proceedings, or conduct inside or
outside the courtroom, which is prejudicial to the defendant and
deprives him of a fair trial.  When such an error, defect or conduct
occurs during a joint trial of two or more defendants and a mistrial
motion is made by one or more but not by all, the court must declare a
mistrial only as to the defendant or defendants making or joining in the
motion, and the trial of the other defendant or defendants must proceed;
  2.  Upon motion of the people, when there occurs during the trial,
either inside or outside the courtroom, gross misconduct by the
defendant or some person acting on his behalf, or by a juror, resulting
in substantial and irreparable prejudice to the people`s case.  When
such misconduct occurs during a joint trial of two or more defendants,
and when the court is satisfied that it did not result in substantial
prejudice to the people`s case as against a particular defendant and
that such defendant was in no way responsible for the misconduct, it may
not declare a mistrial with respect to such defendant but must proceed
with the trial as to him;
  3.  Upon motion of either party or upon the court`s own motion, when
it is physically impossible to proceed with the trial in conformity with
law.

S 280.20 Motion for mistrial; status of indictment upon new trial.
  Upon a new trial resulting from an order declaring a mistrial, the
indictment is deemed to contain all the counts which it contained at the
time the previous trial was commenced, regardless of whether any count
was thereafter dismissed by the court prior to the mistrial order.

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