People ex rel. Sabatina v. Jennings

Relator claims to have been convicted in the county of Bronx upon an indictment in two counts, one framed under section 1090 of the Penal Law and one under section 2460 thereof. The allegations of his petition, eliminating extraneous matter, show he was twice tried; that upon the first trial the court dismissed the charge set out under section 1090 and submitted to the jury the charge of the remaining count, upon which a verdict of guilty was found. This verdict was thereafter upon relator’s motion set a.side and a new trial ordered. Upon such new trial both counts of the indictment were,…