2006 New York Code - Discharge Of Jury Before Rendition Of Verdict And Effect Thereof.

 
  §  310.60    Discharge  of  jury  before rendition of verdict and effect
               thereof.
    1.  A deliberating jury may be discharged by the court without  having
  rendered a verdict only when:
    (a)   The jury has deliberated for an extensive period of time without
  agreeing upon a verdict with respect to any of the charges submitted and
  the court is satisfied that any such  agreement  is  unlikely  within  a
  reasonable time; or
    (b)    The  court,  the  defendant  and the people all consent to such
  discharge; or
    (c)  A mistrial is declared pursuant to section 280.10.
    2.  When the jury is so discharged, the defendant or defendants may be
  retried upon the indictment.   Upon  such  retrial,  the  indictment  is
  deemed to contain all counts which it contained, except those which were
  dismissed  or  were  deemed to have resulted in an acquittal pursuant to
  subdivision one of section 290.10.