Mistrials in New York Criminal Cases
A New York criminal court judge must declare a mistrial and order a new trial upon a motion by the defense if an error or legal defect occurs in the proceedings during the trial that is prejudicial to the defendant or denies the defendant a fair trial. [CPL § 280.10(1)] A New York criminal court judge must also declare a mistrial and order a new trial at the request of the defendant if there is conduct inside or outside the courtroom that is prejudicial to the defendant or denies the defendant a fair trial. [CPL § 280.10(1)] If there are multiple criminal defendants in the case, the criminal court judge must grant a mistrial only for the defendant who made the motion for a mistrial and for the defendant’s who joined in the motion for a mistrial. [CPL § 280.10(1)] The trial must proceed forward with respect to any defendant who did not make the motion for a mistrial or did not join in the motion for a mistrial. [CPL § 280.10(1)]
A New York criminal court judge must grant a mistrial at the request of the people if the people’s case against the defendant suffers substantial and irreparable prejudice due to the gross misconduct of the defendant or another person acting on behalf of the defendant regardless of whether the misconduct occurs inside or outside the courtroom. [CPL § 280.10(2)] In a case involving multiple defendants, the trial will proceed for any defendant who the people’s case did not suffer substantial and irreparable prejudice due to the gross misconduct and who was not responsible in any way for the gross misconduct. [CPL § 280.10(2)]
If it is physically impossible to proceed with a criminal trial in compliance with the law, the criminal court judge must declare a mistrial and order a new trial upon a motion by either party or upon the court’s own motion. [CPL § 280.10(3)]
