Petitioner contends that he should not be tried upon the second count, charging him with violation of subdivision 2 of section 1044 of the Penal Law (felony murder), on the ground that such trial would constitute double jeopardy. A County Court jury, on May 14, 1960, found petitioner guilty of Count 1 (murder in the first degree contrary to subdivision 1 of the Penal Law), guilty of Count 3 (robbery in the first degree) and acquitted him of the afore-mentioned Count 2. This...
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