People ex rel. Johnson v. Miller

Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered February 19, 2002 in Ulster County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner was indicted on one count of murder in the second degree and one count of criminal possession of a weapon in the second degree. At the conclusion of the trial, the jury was instructed on the law applicable to both of these counts. When the jury reached a verdict on the murder charge, the jurors were brought into the courtroom and the court clerk asked…