People v. Cheeseborough

The defendant pleaded guilty to attempted robbery in the *535second degree in full satisfaction of his indictment, his trial having ended in a mistrial when the jury was unable to reach a verdict on 5 of the 7 counts submitted. He now contends that the mistrial was declared prematurely and that his reprosecution violated his right under the State and Federal Constitutions against double jeopardy.

Pursuant to CPL 310.60 (1) (a), a mistrial may be declared when "[t]he jury has deliberated for an extensive period of time without agreeing upon a verdict * * * and the court is satisfied that any such…