People v. Hodge

*457OPINION OF THE COURT

Joseph Kevin McKay, J.

Defendant’s first trial before another justice and a jury ended in an acquittal on the first count of the indictment, criminal possession of a weapon in the third degree, and a hung jury on the second count of the indictment, the lesser included count of criminal possession of a weapon in the fourth degree.1 Defendant now moves before this court to bar a second trial on the second count.

The seemingly novel question presented by this motion arises in the context of the more common situation mentioned above, a retrial after a hung jury. The difference…