State v. McFerron

Defendant was tried and convicted of one count of assault in the third degree and three counts of assault in the second degree arising out of an automobile accident in which several persons were injured, allegedly due to the defendant’s reckless driving. Midway through an earlier trial of the same charges the court excused a juror for bias. The court declared a mistrial when the prosecution refused to proceed with 11 jurors and refused to agree to accept a a ten-to-one verdict, as proposed by the defendant. Before being retried and convicted, defendant moved to dismiss the accusatory…