Opinion
April 19, 1994
Appeal from the Supreme Court, New York County (Harold Rothwax, J.).
While the jury first deliberated for only three hours before the trial court at defendant's first trial declared a mistrial, there is no minimum time a jury must deliberate before a mistrial is considered (People v Baptiste, 72 N.Y.2d 356, 361). Following the procedure set forth in Matter of Plummer v Rothwax ( 63 N.Y.2d 243, 252), the trial court inquired of each juror whether further deliberations would be fruitless. Since the sole issue was identification, and since each juror unequivocally stated that the jury was hopelessly deadlocked, it cannot be said that declaring a mistrial was an abuse of discretion (CPL 310.60).
In addition no objection was made until after the court declared the mistrial.
Concur — Murphy, P.J., Rosenberger, Wallach, Ross and Rubin, JJ.