Originally Published: 13 MAR 23 15:25 ET

Updated: 13 MAR 23 16:19 ET

By Lauren del Valle, CNN

(CNN) -- The jury in the penalty phase of the trial of a terrorist convicted of committing a 2017 attack for ISIS that killed eight on a New York City bike path has told the judge it was unable to reach a unanimous decision.

A unanimous decision would be required to sentence Sayfullo Saipov to death in the first death penalty trial under the Biden administration.

A verdict that is not unanimous means Saipov will be sentenced to life in prison.

Saipov was convicted in January of all counts against him for the fatal terror attack he committed on Halloween in 2017, driving a rental truck down a New York City bike path killing eight and injuring several more.

The jury convicted him of counts of murder in aid of racketeering activity, assault with a dangerous weapon and attempted murder in aid of racketeering activity, attempted murder in aid of racketeering activity, provision of material support to ISIS, and violence and destruction of a motor vehicle.

The conviction triggered a penalty phase of the trial.

The jury expressed in a note just after 2 p.m. Monday they were unable to reach a unanimous decision. Prosecutors asked that the court poll the jury as to whether the jurors are fully satisfied if no further deliberations were to be had, while Saipov's defense counsel objected to this approach and asked the judge to accept their verdict.

US District Judge Vernon Broderick ruled he will not poll the jury.

This is a developing story and will be updated.