2010 New York Code
CPL - Criminal Procedure
Part 2 - THE PRINCIPAL PROCEEDINGS
Title J - PROSECUTION OF INDICTMENTS IN SUPERIOR COURTS--PLEA TO SENTENCE
Article 310 - (310.10 - 310.85) JURY TRIAL--DELIBERATION AND VERDICT OF JURY
310.70 - Rendition of partial verdict and effect thereof.

§ 310.70  Rendition of partial verdict and effect thereof.
    1.  If a deliberating jury declares that it has reached a verdict with
  respect  to  one or more but not all of the offenses submitted to it, or
  with respect to one or more but not all of  the  defendants,  the  court
  must proceed as follows:
    (a)    If  the  possibility  of ultimate agreement with respect to the
  other submitted offenses or defendants is so small and the circumstances
  are such that if they were the  only  matters  under  consideration  the
  court  would  be  authorized to discharge the jury pursuant to paragraph
  (a) of subdivision one of section 310.60, the court must  terminate  the
  deliberation and order the jury to render a partial verdict with respect
  to  those  offenses and defendants upon which or with respect to whom it
  has reached a verdict;
    (b)  If the court is satisfied that there is a reasonable  possibility
  of  ultimate  agreement upon any of the unresolved offenses with respect
  to any defendant, it may either:
    (i)   Order the jury to render  its  verdict  with  respect  to  those
  offenses  and  defendants  upon  which  or  with  respect to whom it has
  reached agreement and resume its deliberation upon the remainder; or
    (ii)  Refuse to accept a partial verdict at the  time  and  order  the
  jury to resume its deliberation upon the entire case.
    2.    Following  the  rendition  of  a  partial  verdict  pursuant  to
  subdivision one, a defendant may be retried for  any  submitted  offense
  upon which the jury was unable to agree unless:
    (a)  A verdict of conviction thereon would have been inconsistent with
  a  verdict,  of  either  conviction or acquittal, actually rendered with
  respect to some other offense, or
    (b)  The submitted offense which was the subject of the  disagreement,
  and  some other submitted offense of higher or equal grade which was the
  subject of a verdict of conviction, were  so  related  that  consecutive
  sentences thereon could not have been imposed upon a defendant convicted
  of both such offenses.
    3.    As used in this section, a "submitted offense" means any offense
  submitted by the court  to  the  jury,  whether  it  be  one  which  was
  expressly  charged  in  a  count  of the indictment or a lesser included
  offense thereof submitted pursuant to section 300.50.