New York Consolidated Laws, Criminal Procedure Law - CPL § 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:

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.