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New York Criminal Procedure - Article 280 - § 280.10 Motion for Mistrial

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Criminal Procedure 
 
  § 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.
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Last modified: February 15, 2014