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MATTER OF WILEY v. COUZENS

38 N.Y.2d 731 (1975)

In the Matter of Thomas Wiley, Appellant, v. John C. Couzens, as a Judge of the County Court of the County of Westchester, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 20, 1975.

Attorney(s) appearing for the Case

Arthur H. Grae and Keogh & Keogh for appellant.

Carl A. Vergari, District Attorney (Stephen C. Unsino of counsel), for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

On the facts of this case we cannot say that the Trial Judge abused his discretion by accepting the partial verdict and discharging the jury when he did. (CPL 310.60, subd 1, par [a]; see, also, United States v Perez, 9 Wheat [22 US] 579, 580; Illinois v Somerville, 410 U.S. 458.) The jury reported the deadlock on the attempted murder count after deliberating for over...

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