MATTER OF OLIVER v. JUSTICES OF THE NEW YORK SUPREME COURT OF NEW YORK COUNTY


44 A.D.2d 823 (1974)

In the Matter of Charles Oliver, Petitioner, v. Justices of the New York Supreme Court of New York County et al., Respondents

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

May 30, 1974


Application for prohibition denied, cross motions to dismiss granted, and petition dismissed.

The circumstances here reviewed, unprecedented so far as we are able to ascertain, may be stated quite simply. Petitioner stood trial for murder in Supreme Court, New York County and, in addition to the count of murder, the court charged the lesser included crime of manslaughter, first degree. Charged just after the opening of the court day, the jury deliberated all day except...

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