Nolan v. Court of General Sessions

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 the attempted grand larceny charge. Thereafter, the jury failed to agree on the attempted burglary charge. Petitioners were then continued on bail. Some months…