From the quoted MSM --
Hard to say which party had the responsibility to poll the jurors before the mistrial declared and to first record those charges acquitted (unanimous not guilty vote), and declare a mistrial on only the remaining count. IMO, this MA procedure is at the Judge's discretion but why would Cannone want to take accountability today....
“The Court finds it hard to believe that when counsel heard that the jury was at an impasse for a third time and a mistrial was inevitable, at perhaps the most crucial point in the trial, counsel would sit silently if they did not consent to a mistrial,” she wrote.