People ex rel. Schlesinger v. Glick

• Decision Date: 06 January 1972
• Citation: 328 N.Y.S.2d 864,29 N.Y.2d 914
• Parties: , 279 N.E.2d 607 PEOPLE, etc. ex rel. alice SCHLESINGER on behalf of George Kyrimes, Respondent, v. Albert GLICK, Warden, etc., Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 864

328 N.Y.S.2d 864

29 N.Y.2d 914, 279 N.E.2d 607

PEOPLE, etc. ex rel. alice SCHLESINGER on behalf of George Kyrimes, Respondent, v. Albert GLICK, Warden, etc., Appellant.

Court of Appeals of New York.

Jan. 6, 1972.

Appeal from the Supreme Court, Appellate Division, First Department, 38 A.D.2d 35, 327 N.Y.S.2d 665.

Proceeding was brought on petition for writ of habeas corpus for release of prisoner being held for retrial. The Supreme Court, Trial Term, Jack Rosenberg, J., 325 N.Y.S.2d 869, granted the petition, stayed effect of order and an appeal was taken.

The Appellate Division affirmed on the ground that the discharge of jury after 12 1/2 hours deliberation but without jurors declaring themselves unable to agree and without accused assenting to discharge was in effect an acquittal of the accused.

Motion for a stay denied. Motion to dismiss the appeal taken as of right herein granted and the appeal dismissed, without costs, upon the ground that the dissent at the Appellate Division is not on a stated question of law in favor of appellant (CPLR 5601(a)(i)).