People Ex Rel. Lupo v. Fay

• Chief Judge Desmond.

The question: Is relator entitled to

habeas corpus relief because during his grand larceny trial in January, 1958 he was absent from the courtroom while there was being argued his counsel’s motion for a mistrial on the ground that requiring further deliberation by the jury would amount to coercing a verdict? The motion was denied, defendant was convicted, the judgment of conviction was affirmed by the Appellate Division (13 A D 2d 684) and leave to appeal to this court was denied by a Judge of this court. Defendant is now serving the prison sentence imposed because of…