Hameed v. Rotker

Proceeding pursuant to CPLR article 78 (1) in effect, to prohibit respondent from commencing a second retrial of petitioners under indictment No. 1493/81, and (2) for dismissal of the said indictment. Proceeding dismissed, without costs or disbursements. Notwithstanding the fact that the trial court had delivered an Allen charge {Allen v United States, 164 US 492) three hours prior to its declaration of a mistrial, it was not bound to substitute an available alternate, pursuant to CPL 270.35, when one juror was unable to continue deliberations. Because the jury had been deliberating for seven…