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The Laws of New York
Consolidated Laws of New York
CHAPTER 11-A
Criminal Procedure
PART 2
The Principal Proceedings
TITLE J
Prosecution of Indictments In Superior Courts--plea to Sentence
ARTICLE 280
Jury Trial---motion For a Mistrial
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SECTION 280.10
Motion for mistrial
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ARTICLE 280
Jury Trial---motion For a Mistrial
This entry was published on 2014-09-22
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SECTION 280.20
Motion for mistrial; status of indictment upon new trial
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE J, ARTICLE 280
§ 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.