Extra/Analysis to "Daniel Penny Jury Says No Unanimity on Count 1 So Judge Mulls Allen Charge ADA Count 2"

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100 CENTRE STREET, Dec 6 – The day after the Daniel Penny trial evidence closed on November 22, a new book was published about the case, "Daniel Penny for Your Thoughts," e-book and audiobook on Amazon here.

Inner City Press reporter Matthew Russell Lee live streamed the NYPD's perp walk on Elizabeth Street in May 2023, through the trial in November. He obtained and included the autopsy, court records - and some reflections of his character Kurt Wheelock, previously reviewed in New York magazine. Now, in the courtroom during fourth day of jury deliberations and notes, from the thread:

Judge Wiley: We have received a note from the jury, We would like instruction from Judge Wiley, we are unable to reach a unanimous verdict on Count 1. Parties?

Penny's lawyer Kenniff: They shouldn't consider Count 2. Judge: I have to give them an Allen charge

ADA Dafna Yoran: It would be a crazy result that they can't move on to Count 2.

Judge: I have to ask them to try to reach a verdict on Count 1. Do you want time? ADA Yoran: Let me talk to my colleagues. [Bragg?] Judge: All step out.

Now what?

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