justice, nyc style;

Judge Maxwell Wiley on Friday went along with a bizarre proposal from Manhattan Assistant District Attorney Dafna Yoran to avoid a mistrial by allowing her to drop a manslaughter charge against Daniel Penny to try and secure a conviction on a lesser charge of criminally negligent homicide.

From The Daily Mail, "Daniel Penny manslaughter charge dismissed after jury fails to reach verdict: Live trial updates":

'I'll take a chance and grant the people's application,' Judge Wiley said after the prosecution asked to dismiss the manslaughter charge against Penny because jurors could not agree on a verdict.

The judge added: 'Normally the distinction between the two counts is very clear. The justification adds another element to it which is at play here.'

Jurors would now have to deliberate on the second charge against the veteran - negligent homicide, which has punishment up to four years.

Penny's lawyer had opposed the prosecution motion, saying '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.'.........more..........