People v. Walsh

OPINION OF THE COURT

Cooke, J.

Based on an incident at a bar in Queens County on May 18, 1973, during which one of the patrons suffered a serious knife wound, defendant was indicted for attempted murder, assault in the first degree, and possession of weapons and dangerous instruments and appliances as a felony. Defendant was tried twice, and the issue before us is whether a partial verdict rendered in the first trial barred the second prosecution.

The first trial lasted five days. After deliberating until one in the morning, the jury reached agreement on one count but indicated that it was…