PEOPLE EX REL. SCHLESINGER v. GLICK


38 A.D.2d 35 (1971)

The People of the State of New York ex rel. Alice Schlesinger on Behalf of George Kyrimes, Respondent, v. Albert Glick, as Warden of The Men's House of Detention, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 23, 1971.


Attorney(s) appearing for the Case

Lewis R. Friedman of counsel (Michael R. Juviler and Hugh Anthony Levine with him on the brief; Frank S. Hogan, District Attorney), for appellant.

Julia P. Heit of counsel (Robert Kasanof, attorney), for respondent.

CAPOZZOLI, J. P., and McGIVERN, J., concur with MURPHY, J., in separate opinions; STEUER, J., dissents in an opinion in which EAGER J., concurs.


MURPHY, J.

Petitioner was brought to trial on charges of robbery, first degree. On the second day of the trial the case was submitted to the jury. At about 11:00 P.M. that night, after approximately 12½ hours of deliberation, the jury, not having agreed, was discharged by the court and the defendant remanded for a new trial.

Thereafter, petitioner-respondent by writ of habeas corpus sought his discharge...

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