New York statute
N.Y. Criminal Procedure Law § 310.60 — Discharge of jury before rendition of verdict and effect thereof
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 310: Jury Trial--deliberation and Verdict of Jury, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 310.60
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
310.60 Discharge of jury before rendition of verdict and effect
thereof.
1. A deliberating jury may be discharged by the court without having
rendered a verdict only when:
(a) The jury has deliberated for an extensive period of time without
agreeing upon a verdict with respect to any of the charges submitted and
the court is satisfied that any such agreement is unlikely within a
reasonable time; or
(b) The court, the defendant and the people all consent to such
discharge; or
(c) A mistrial is declared pursuant to section 280.10.
2. When the jury is so discharged, the defendant or defendants may be
retried upon the indictment. Upon such retrial, the indictment is
deemed to contain all counts which it contained, except those which were
dismissed or were deemed to have resulted in an acquittal pursuant to
subdivision one of section 290.10.
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