Extra/Analysis to "On Daniel Penny After Jury Deadlocks on Count 1 DA Withdraws It So Count 2 on Table Monday"

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By Matthew Russell Lee

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 to the end of the fourth but not last day of jury deliberations, from the thread:

Judge Wiley: What do the People want?

ADA Yaron: We'd like to dismiss count 1, please let our appeals chief speak.

Judge: May not be necessary. Dismissing the first count would resolve the compromise verdict issue

Penny's lawyer Kenniff: This has never been done before. It would encourage prosecutors to over-charge in the grand jury, with the option of withdrawing if hung, under coercion

Judge Wiley: I'll take a chance and grant the People's application. I'm going to let them go to return and consider Count 2 on Monday. Bring them in. Jury entering!

Judge: Manslaughter in the 2d degree is dismissed. You are free to consider Count 2- on Monday

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