MTR. OF NOLAN v. COURT OF GEN. SESSIONS


28 Misc.2d 936 (1961)

In the Matter of George Nolan et al., Petitioners, v. Court of General Sessions of the County of New York et al., Respondents.

Supreme Court, Special Term, New York County.

March 14, 1961


Attorney(s) appearing for the Case

Victor J. Herwitz and Frederic A. Johnson for petitioners. Frank S. Hogan, District Attorney (Melvin Stein and Burton B. Roberts of counsel), for respondents.


THOMAS A. AURELIO, J.

Petitioners, in this article 78 proceeding, seek to prohibit and enjoin the Court of General Sessions of the County of New York and the District Attorney of New York County from retrying them on an indictment which originally charged crimes of attempted burglary in the third degree and attempted grand larceny in the first degree. On the initial trial, the Judge submitted to the jury only the charge of attempted burglary and dismissed...

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