Article 280 Jury Trial - Motion for Mistrial Flashcards
1
Q
CPL 280.10
Select the correct statement concerning a motion for a mistrial:
(a) The court has complete discretion as to the circumstances
(b) Conduct occurring outside the courtroom cannot be used as a basis
(c) In a trial with joint defendants, if only one defendant moves for a mistrial and the motion is granted, the trial must proceed as to the remaining defendants
(d) Upon motion by the people, the court must grant the motion when there has been some legal defect in the proceedings which is prejudicial to the defendant and deprives him of a fair trial.
A
Answer: (c)
Choice (c) is correct (CPL 280.10).