People v. Santana

—Judgment, Supreme Court, New York County (Jerome Hornblass, J.), rendered November 7, 1994, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him, as a persistent violent felony offender, to a term of 11 years to life, unanimously affirmed.

The declaration of a mistrial after the first trial was an appropriate exercise of discretion (see, People v Dawkins, 82 NY2d 226 , 232), since the trial was not long or complex, the jury’s deliberations had been lengthy, the second deadlock note from the jury was detailed and unwavering, and there would have been a substantial potential for coercion if the court had required this jury to engage in further deliberations (see, Matter of Plummer v Rothwax, 63 NY2d 243 , 251).

Defendant’s objection to an isolated reference in the People’s summation to defendant’s post-arrest detention is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the remark was a proper response to an issue raised by the defense, and did not serve to depict defendant as a criminal. Concur — Ellerin, P. J., Sullivan, Wallach and Rubin, JJ.