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( MENAFN - GlobeNewsWire - Nasdaq) NEW YORK, Dec. 26, 2024 (GLOBE NEWSWIRE) -- Bragar Eagel & Squire, P.C., a nationally recognized stockholder rights law firm, announces that a class action lawsuit has been filed against Zeta Global Holdings Corp. (“Zeta” or the“Company”) (NYSE: ZETA) in the United States District Court for the Southern District of New York on behalf of all persons and entities who purchased or otherwise acquired Zeta securities between February 27, 2024 and November 13, 2024, both dates inclusive (the“Class Period”). Investors have until January 21, 2025 to apply to the Court to be appointed as lead plaintiff in the lawsuit. Click here to participate in the action. On November 13, 2024, Culper Research published a report alleging that the“integrity of the Company's data collection and reported financials” is severely undermined by two factors. First, the report alleged that“Zeta has formed 'two-way' contracts with third party consent farms wherein the Company simultaneously acts as both a supplier and a buyer of consumer data,” allowing the Company to“flatter reported revenue growth” and indicating possible“round-tripping” of revenue. Second, the report alleged that Zeta collects the majority of its customer data from a network of“sham websites that hoodwink millions of consumers each month into handing their data over to Zeta under false pretenses.” For example, the report alleged the Company and its subsidiaries operate a number of fake job boards which are designed to trick individuals into submitting personal data under the pretense of job applications. The report further alleged that the Company's“most valuable data” comes from these predatory websites, dubbed consent farms, which are“responsible for almost the entirety of the Company's growth.” On this news, the Company's stock price fell $10.46, or 37.07%, to close at $17.76 per share on November 13, 2024, on unusually heavy trading volume. The complaint filed in this class action alleges that throughout the Class Period, Defendants made materially false and/or misleading statements, as well as failed to disclose material adverse facts about the Company's business, operations, and prospects. Specifically, Defendants allegedly failed to disclose to investors: (1) that Zeta used two-way contracts to artificially inflate financial results; (2) that Zeta engaged in round trip transactions to artificially inflate financial results; (3) that Zeta utilized predatory consent farms to collect user data; (4) that these consent farms have driven almost the entirety of Zeta's growth; and (5) that, as a result of the foregoing, Defendants' positive statements about the Company's business, operations, and prospects were materially misleading and/or lacked a reasonable basis. If you purchased or otherwise acquired Zeta shares and suffered a loss, are a long-term stockholder, have information, would like to learn more about these claims, or have any questions concerning this announcement or your rights or interests with respect to these matters, please contact Brandon Walker or Marion Passmore by email at ... , telephone at (212) 355-4648, or by filling out this contact form . There is no cost or obligation to you. About Bragar Eagel & Squire, P.C.: Bragar Eagel & Squire, P.C. is a nationally recognized law firm with offices in New York, California, and South Carolina. The firm represents individual and institutional investors in commercial, securities, derivative, and other complex litigation in state and federal courts across the country. For more information about the firm, please visit . Attorney advertising. Prior results do not guarantee similar outcomes. Contact Information: Bragar Eagel & Squire, P.C. Brandon Walker, Esq. Marion Passmore, Esq. (212) 355-4648 ... MENAFN26122024004107003653ID1109033711 Legal Disclaimer: MENAFN provides the information “as is” without warranty of any kind. We do not accept any responsibility or liability for the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in this article. If you have any complaints or copyright issues related to this article, kindly contact the provider above.Abortion has become slightly more common despite bans or deep restrictions in most Republican-controlled states, and the legal and political fights over its future are not over yet. It's now been two and a half years since the U.S. Supreme Court overturned Roe v. Wade and opened the door for states to implement bans. The policies and their impact have been in flux ever since the ruling in Dobbs v. Jackson Women's Health Organization. Here's a look at data on where things stand: Overturning Roe and enforcing abortion bans has changed how woman obtain abortions in the U.S. But one thing it hasn't done is put a dent in the number of abortions being obtained. There have been slightly more monthly abortions across the country recently than there were in the months leading up to the June 2022 ruling, even as the number in states with bans dropped to near zero. “Abortion bans don’t actually prevent abortions from happening,” said Ushma Upadhyay, a public health social scientist at the University of California San Francisco. But, she said, they do change care. For women in some states, there are major obstacles to getting abortions — and advocates say that low-income, minority and immigrant women are least likely to be able to get them when they want. For those living in states with bans, the ways to access abortion are through travel or abortion pills. As the bans swept in, abortion pills became a bigger part of the equation. They were involved in about half the abortions before Dobbs. More recently, it’s been closer to two-thirds of them, according to research by the Guttmacher Institute. The uptick of that kind of abortion, usually involving a combination of two drugs, was underway before the ruling. But now, it's become more common for pill prescriptions to be made by telehealth. By the summer of 2024, about 1 in 10 abortions was via pills prescribed via telehealth to patients in states where abortion is banned. As a result, the pills are now at the center of battles over abortion access. This month, Texas sued a New York doctor for prescribing pills to a Texas woman via telemedicine. There's also an effort by Idaho, Kansas and Missouri to roll back their federal approvals and treat them as “controlled dangerous substances,” and a push for the federal government to start enforcing a 19th-century federal law to ban mailing them. Clinics have closed or halted abortions in states with bans. But a network of efforts to get women seeking abortions to places where they're legal has strengthened and travel for abortion is now common. The Guttmacher Institute found that more than twice as many Texas residents obtained abortion in 2023 in New Mexico as New Mexico residents did. And as many Texans received them in Kansas as Kansans. Abortion funds, which benefitted from “rage giving” in 2022, have helped pay the costs for many abortion-seekers. But some funds have had to cap how much they can give . Since the downfall of Roe, the actions of lawmakers and courts have kept shifting where abortion is legal and under what conditions. Here's where it stands now: Florida, the nation’s third most-populous state, began enforcing a ban on abortions after the first six weeks of pregnancy on May 1. That immediately changed the state from one that was a refuge for other Southerners seeking abortion to an exporter of people looking for them. There were about 30% fewer abortions there in May compared with the average for the first three months of the year. And in June, there were 35% fewer. While the ban is not unique, the impact is especially large. The average driving time from Florida to a facility in North Carolina where abortion is available for the first 12 weeks of pregnancy is more than nine hours, according to data maintained by Caitlin Myers, a Middlebury College economics professor. The bans have meant clinics closed or stopped offering abortions in some states. But some states where abortion remains legal until viability – generally considered to be sometime past 21 weeks of pregnancy , though there’s no fixed time for it – have seen clinics open and expand . Illinois, Kansas and New Mexico are among the states with new clinics. There were 799 publicly identifiable abortion providers in the U.S. in May 2022, the month before the Supreme Court reversed Roe v. Wade. And by this November, it was 792, according to a tally by Myers, who is collecting data on abortion providers. But Myers says some hospitals that always provided some abortions have begun advertising it. So they’re now in the count of clinics – even though they might provide few of them. How hospitals handle pregnancy complications , especially those that threaten the lives of the women, has emerged as a major issue since Roe was overturned. President Joe Biden's administration says hospitals must offer abortions when they're needed to prevent organ loss, hemorrhage or deadly infections, even in states with bans. Texas is challenging the administration’s policy and the U.S. Supreme Court this year declined to take it up after the Biden administration sued Idaho. More than 100 pregnant women seeking help in emergency rooms and were turned away or left unstable since 2022, The Associated Press found in an analysis of federal hospital investigative records. Among the complaints were a woman who miscarried in the lobby restroom of Texas emergency room after staff refused to see her and a woman who gave birth in a car after a North Carolina hospital couldn't offer an ultrasound. The baby later died. “It is increasingly less safe to be pregnant and seeking emergency care in an emergency department,” Dara Kass, an emergency medicine doctor and former U.S. Health and Human Services official told the AP earlier this year. Since Roe was overturned, there have been 18 reproductive rights-related statewide ballot questions. Abortion rights advocates have prevailed on 14 of them and lost on four. In the 2024 election , they amended the constitutions in five states to add the right to abortion. Such measures failed in three states: In Florida, where it required 60% support; in Nebraska, which had competing abortion ballot measures; and in South Dakota, where most national abortion rights groups did support the measure. AP VoteCast data found that more than three-fifths of voters in 2024 supported abortion being legal in all or most cases – a slight uptick from 2020. The support came even as voters supported Republicans to control the White House and both houses of Congress. Associated Press writers Linley Sanders, Amanda Seitz and Laura Ungar contributed to this article.genie costume 。

College Football Playoff betting guide: First-round odds, title favoritesDonald Trump says 'can't guarantee tariffs won't impact US prices', keeps door open for revenge prosecutionsReal Madrid earmark Tottenham star as an alternative to Eder MilitaoMichigan defensive lineman Kenneth Grant declares for NFL draft

ASP ISOTOPES ALERT: Bragar Eagel & Squire, P.C. Announces That A Class Action Lawsuit Has Been Filed Against ASP Isotopes, Inc And Encourages Investors To Contact The FirmOlivia Hussey, star of the 1968 film 'Romeo and Juliet,' dies at 73The Illawarra Hawks had just recorded their fifth win on the trot to go three games clear at the top of the NBL table. Subscribe now for unlimited access . Login or signup to continue reading But after his team's last-start win over the Brisbane Bullets, Will 'Davo' Hickey was adamant the Hawks were nowhere near the finished product. The Hawks guard's comments came hot on the heels of Illawarra recovering from a 34-29 first quarter-time deficit to run out convincing 102-84 winners at Brisbane Entertainment Centre. "We understand how good we can be as a team. We know we're not where we want to be yet, but we know there's still more left for us," Hickey said. "As long as we stay true to us there's always belief. JT instils us with belief. None of us ever think we'll lose a game; it's just the belief in the group, all up, and we all know and trust the person next to us. "Even myself, going out there, the nerves sort of go away once you realise the calibre of players you've got next to you and your team, making it much easier." The Justin Tatum-coached Hawks have won all five games they've played in December. Illawarra will be courting a perfect record this month with victory in their New Year's Eve showdown in Wollongong with South East Melbourne Phoenix. The WIN Entertainment Centre clash is on track to be sold out, just like the Hawks' last home game against the Wildcats. Tatum and Hickey indicated their keenness to return home after the Bullets' win and play in front of their Wollongong fans. "We can't wait to get back home to the Hawks fans. They deserve to watch us in person and the team they support so deeply and truly, so our guys are excited to get back there," the coach said. Hickey added he couldn't wait to put on a show in front of the Wollongong faithful. "We're tired of being on the road. You can't ask much more than to have four games at home. I can't wait to get back home and put on a show for our fans," he said. Tatum expected a tough New Year's Eve clash against the Phoenix, the last team to beat the Hawks on November 30. "We got a little sour taste in our mouth for that one after we took a loss at their place just over a month ago, but South East is playing well," he said. "It's really not about them; it's about us. That's what we talk about every day. We are playing these games hopefully for the long run, and South East is just another great test." The December 31 clash at the WEC tips off at 5.30pm. Wollongong born and bred. I love reporting about the Illawarra region and have been doing it for more than 20 years. I've moved into sport recently after covering the education round for the last five plus years for the Illawarra Mercury. It's been a great pleasure. Wollongong born and bred. I love reporting about the Illawarra region and have been doing it for more than 20 years. I've moved into sport recently after covering the education round for the last five plus years for the Illawarra Mercury. It's been a great pleasure. More from Basketball Newsletters & Alerts DAILY Today's top stories curated by our news team. Also includes evening update. WEEKDAYS Grab a quick bite of today's latest news from around the region and the nation. WEEKLY The latest news, results & expert analysis. WEEKDAYS Catch up on the news of the day and unwind with great reading for your evening. WEEKLY Love footy? We've got all the action covered. WEEKLY Every Saturday and Tuesday, explore destinations deals, tips & travel writing to transport you around the globe. WEEKLY Get the latest property and development news here. WEEKLY Find out what's happening in local business. WEEKLY Going out or staying in? Find out what's on. WEEKDAYS Sharp. Close to the ground. Digging deep. Your weekday morning newsletter on national affairs, politics and more. TWICE WEEKLY Your essential national news digest: all the big issues on Wednesday and great reading every Saturday. WEEKLY Get news, reviews and expert insights every Thursday from CarExpert, ACM's exclusive motoring partner. TWICE WEEKLY Get real, Australia! Let the ACM network's editors and journalists bring you news and views from all over. AS IT HAPPENS Be the first to know when news breaks. DAILY Your digital replica of Today's Paper. Ready to read from 5am! DAILY Test your skills with interactive crosswords, sudoku & trivia. Fresh daily!

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At home in Mauke the news from Rarotonga continues to frustrate as a mining company sponsors yet another community event, on their mission to win people over. Are people aware that we have ex diamond mining and oil industry people exploring our seabed? How can they have a lasting affinity for this precious place we call home – the only home we have? How is it that two Americans, intimately involved with a company holding a Cook Islands seabed minerals exploration licence, are directors of a Cook Islands traditional arts group? These people are closely associated with a company that sued Mexico for over US$2 billion, under a law associated with the North American Free Trade Agreement (NAFTA). The suit is because the Mexican Government rejected a proposed seabed mining project because the potential environmental impacts would have been too damaging. This case was eventually completed in September of this year, with the company, Odyssey Marine Exploration, winning the case and being awarded US$37 million. Apparently, US companies have never lost a NAFTA investor dispute. Most of these disputes are because of challenges to environmental protection or resource management that were claimed to interfere with the profit-making potential of US companies. Apparently, there are companies making money by suing for potential earnings lost due to mining applications being rejected. You can read about this for yourself on The Guardian. Just google “How a US mining firm sued Mexico for billions...”. I cannot believe our licensing panel didn’t reject CIC’s mining exploration application based on the financial shenanigans they were in the midst of at the time they applied. SBMA’s “robust and transparent licensing process” should have discerned these are not “fit and proper persons” to operate in our waters. Please assure us that agreements with all three companies include them not being able to use some contractual loophole to sue the Cook Islands if we do not offer them a mining licence on environmental grounds. The promise of gold and glory, a mesmerising snake that the Bible clearly warns against, is winning for now because this seabed mining drive has nothing to do with jobs. We’re already short of more than 3000 Cook Islands workers, hence employing foreigners. It’s not even about stopping climate change by providing metals for the ‘clean energy’ transition. Technology is already surpassing the need, finding other ways forward. Mining is not clean and we don’t need more ‘stuff’, that so quickly is discarded and added to our existing overwhelming waste issue. In fact, disturbing deep sea sediment will quite likely exacerbate our problems by releasing stored carbon back into the atmosphere. Of course, the other use for these metals from the deep is in military applications. Interesting that nobody is talking that up as a reason to mine the deep! Maybe they realise that is a less than noble cause, best not discussed! The drive is money, that’s it; a mark of neo-colonisation, a boom and bust industry. It slithers its way in, promises much, sways the indigenous population, then takes what it wants and slithers away leaving desolation in its path. At boarding school in the 1970s, I shared a dormitory with two Nauruan girls. While I was careful with my allowance, these two wandered around with $10 notes! This is at a time when a loaf of bread or pint of milk was 5 cents. Then came Nauru’s downfall, to the point now where they don’t even have useful planting land. Yet, incredibly, they’re willing to sacrifice the environment again for the short-lived monetary gain! Will we fall to such temptation? The Cook Islands is fortunate to have a number of NGOs working towards ocean health and well-being, raising awareness, advising and implementing solutions, where possible, to combat negative impacts that are stressing our ocean. This work is so important as it proffers life, which in the long term ensures an income and/or sustenance, rather than short term dollars that many will never see. We are starting 2025 with a 30 second message on CITV, Vaka TV and social media. An animation inspired by an SBMA’s booklet cover depicting a vaka sitting on lifeless nodules. I had to stifle a giggle when I first saw this, more so when I heard the Prime Minister had invited other Pacific leaders to join him on this vaka going nowhere. Their own depiction sums up the problem; they’re stuck on the rocks, totally losing sight of the ocean. Moana-Nui-O-Kiva with more biodiversity than can be found on land, it supplies more oxygen for humans than the forests, it feeds clouds that water our gardens, it nourishes us (and our visitors) in many ways. Only with the ocean can the vaka voyage be a reality. As we begin 2025 join us in discovering the whole ocean. The world’s engine, that must not just survive, but thrive. Because the ocean’s life is our life.In the swiftly evolving world of gaming technology, every advancement captures the attention of enthusiasts and investors alike. Recently, Supermicro, a prominent player in the IT industry, has seen a remarkable surge in its stock value, largely due to its innovative strides within the gaming sector. Why is Supermicro’s stock climbing? Known for its high-performance servers and storage solutions, Supermicro has increasingly ventured into gaming technologies, tapping into the robust demand for powerful, reliable systems capable of delivering exceptional gaming experiences. With the rise of complex gaming software and virtual reality environments requiring unprecedented processing power, Supermicro’s hardware solutions have gained popularity among developers and gamers seeking seamless performance. Moreover, the company’s strategic move to enhance its portfolio with products tailored for next-gen gaming consoles and advanced graphics processing units (GPUs) has positioned it favorably. This approach has not only attracted attention from tech enthusiasts but also from financial markets, as investors recognize the potential for growth in this lucrative sector. What does this mean for the future of gaming? As Supermicro continues to innovate, the integration of cutting-edge technologies like AI-driven enhancements and cloud-based gaming platforms could soon become mainstream. Gamers can anticipate more immersive and fluid experiences, while developers might find new tools and infrastructure to push creative boundaries even further. With Supermicro’s stock climbing steadily, the implications are profound—not just for investors but also for the broader gaming landscape. This advancement marks a promising era where tech advancements align closely with gaming aspirations, making Supermicro a company to watch. Supermicro: Revolutionizing Gaming with High-Performance Tech Solutions As the gaming industry evolves with breathtaking speed, Supermicro stands out as a pivotal player, driving innovation and capturing the attention of both technology enthusiasts and savvy investors. The company’s impressive stock performance speaks volumes about its strategic ventures into the realm of gaming technology, marked by key innovations and future-ready solutions. Innovative Trends and Insights One of the primary catalysts for Supermicro’s stock surge is its commitment to next-generation gaming technologies. The company has recognized the soaring demand for high-performance computing capabilities, essential for handling the complexities of modern gaming software and virtual reality ecosystems. By developing systems that meet these rigorous processing requirements, Supermicro has positioned itself at the forefront of gaming technology. The integration of AI-driven enhancements is one area where Supermicro is making significant strides. These advancements offer gamers optimized experiences, increasing the fluidity and realism of games. By harnessing artificial intelligence, the company not only enhances gaming performance but also pushes the boundaries of what’s possible in interactive entertainment. Supermicro’s Pioneering Features and Specifications Central to Supermicro’s strategy is its focus on advanced graphics processing units (GPUs) and high-performance servers. These products are crucial for game developers and users who seek efficient, robust, and reliable hardware to support immersive gaming experiences. The company’s portfolio caters to a variety of needs, from hardcore gamers to developers looking for cutting-edge tools to expand their creative horizons. Furthermore, Supermicro’s ventures into cloud-based gaming platforms demonstrate its adaptability to market trends and technological innovations. This move aligns with the growing demand for flexible, scalable, and device-independent gaming solutions, promising enhanced accessibility and connectivity for gamers worldwide. Market Predictions and Future Outlook As Supermicro continues to innovate, its future in the gaming sector looks particularly promising. Analysts predict that the company will maintain its upward trajectory, capitalizing on the growing popularity of virtual reality, AI-enhanced gaming, and cloud-based solutions. This positions Supermicro not only as a technology leader but also as a potential game-changer in the investment landscape. In summary, Supermicro’s strategic focus on gaming technologies has yielded significant stock market success, with a clear vision for continued growth and leadership in the sector. As gaming and technology converge, the company is well-equipped to meet the challenges and opportunities of tomorrow’s digital entertainment world.

NFL Capsules: Darnold sets two new career highs with 347 yards thrown and five TDs as Vikings beat Falcons 42-21

Fox News national correspondent CB Cotton breaks down the latest news on the Daniel Penny trial after the judge dropped manslaughter charges Friday afternoon on ‘Special Report.’ It is a travesty that Marine veteran Daniel Penny was charged with two homicide counts by Manhattan’s elected progressive-Democratic district attorney, Alvin Bragg, over the death of Jordan Neely – who was menacing frightened subway passengers when Penny subdued him . How fitting, then, that the conclusion of the jury trial, which began eight weeks ago, is proving to be as much a mockery of justice as the rest of the proceedings have been. DANIEL PENNY ‘OVERCHARGED’ BY PROSECUTION IN ‘PATENTLY UNFAIR’ MOVE, ATTORNEY ARGUES As I’ve explained a number of times, Bragg executed a couple of cynical stratagems to increase his chances of convicting Penny. The first involves the crude racialist politics of the progressive-Democratic base that got Bragg elected in 2021. This faction looks at life as if it were a Howard Zinn revisionist history textbook, in which the world is divided into oppressor and oppressed classes, with race as the full-field theory for interpreting all phenomena. In the real world, there wasn’t anything racist in Penny’s intervention as Neely threatened passengers. Yes, the happenstance is that Penny is white and Neely was black; but Neely was intimidating all the train passengers regardless of race. Penny was assisted in subduing him by non-white passengers. Some of the best witnesses in the case for Penny have been black passengers, who have described how scared they were and how heroic Penny was. Daniel Penny arrives at Manhattan Criminal Court in New York City on Friday, December 6, 2024. The jury is entering a fourth day of deliberations in Daniel Penny’s trial for the 2023 death of Neely on the Manhattan subway. (Rashid Umar Abbasi for Fox News Digital) But that’s not how the progressive prosecutors see it. Shamefully, Judge Maxwell Wiley has allowed Bragg’s prosecutors to refer to Penny as "the white man" and "the white defendant," notwithstanding that Penny’s whiteness is irrelevant, there being not a scintilla of proof that he was bigoted. Bragg’s approach is transparently jaded: appeal to any Manhattan progressives on the jury with a race-based ideological pitch that social justice demands finding Penny guilty. The second stratagem involves how the case was charged. While I don’t think Penny should have been indicted at all, this is not even arguably anything more than a negligence case. Penny was legally justified in using force to protect himself and other passengers. By law, such justification allows a person to subdue the aggressor until the police arrive. The question, then, is whether Penny was negligent in the duration and force of the chokehold he used. (Aside: there is a significant causation issue in the case; i.e., there could be reasonable doubt about whether the chokehold caused death because Neely had significant amounts of narcotics in his system, which could have exacerbated his preexisting physical maladies due to the anxiety he caused by threatening subway passengers.) Manhattan District Attorney Alvin Bragg arrives at Daniel Penny’s trial following a lunch break at the Manhattan Supreme Criminal Court building in New York City on Monday, December 2, 2024. Closing arguments are set to begin today in Penny’s trial for the 2023 subway death of Jordan Neely. (Julia Bonavita/Fox News Digital) (Julia Bonavita/Fox News Digital) Yet, Bragg charged two counts, not one. Rather than leading with criminally negligent homicide, the indictment’s top count is second-degree manslaughter – i.e., reckless homicide. To prove recklessness, prosecutors must show beyond a reasonable doubt that the defendant knew he created a risk of death and took aggressive action in wanton disregard of that risk. Clearly, that’s not what Penny did. It was not he, but Neely, who caused the risk; and far from acting wantonly, Penny did not try to harm Neely. He rolled Neely into a position to make breathing easier. He waited until the police arrived and fully cooperated with them. And during the interview he voluntarily gave police, they did not tell him that Neely had died, and Penny plainly believed he was alive. When a trained Marine wants to kill a restrained person with a choke hold, he knows how to do it, and it doesn’t take long. That’s not what happened here. NEW YORK, NEW YORK - MAY 24: NYPD Supporters of Jordan Neely protest a rally in support of Daniel Penny at Collect Pond Park on May 24, 2023 in New York City. Nassau County Executive Bruce A Blakeman was joined by military veterans as he organized a rally in support of Daniel Penny that was protested by supporters of Jordan Neely, leading to three arrest. Neely, whose funeral was held on May 19, was killed on May 1st after being placed in a chokehold by Penny at the Broadway-Lafayette subway station. Penny has been charged with 2nd Degree Manslaughter in Neely's death. (Michael M. Santiago/Getty Images) Despite the lack of recklessness evidence, Bragg indicted a recklessness charge. He calculated that this could give the jury something to compromise on, improving the prosecution’s odds. Especially if the racializing strategy attracted some progressive jurors to the view that Penny had to be found guilty, jurors sympathetic to Penny might conclude that they could be reasonable by agreeing to find him guilty of negligent homicide as long as they acquitted him of the baseless manslaughter charge. Sadly, it appears that this strategy could be playing out as Bragg hoped. Last Friday, we learned that the jury was deadlocked on the manslaughter charge – meaning one or more jurors want Penny convicted, while others have concluded (appropriately in my view) that this charge lacks supporting evidence. The jury was not permitted to consider negligence until the recklessness charge was resolved. Bragg has thus succeeded in exhausting the jury for four days of deliberations, including a so-called Allen charge – given over the defense’s vigorous objection – to try to strongarm jurors into putting aside their divisions and agreeing on a result (a conviction, the DA hopes). They’ve been at it for nearly 30 hours over this very straightforward, single-transaction, two-count case – but still they would not find Penny guilty. Judge Wiley should have declared a mistrial. To continue at this point is to seek to browbeat the jury into a conviction. I further believe it would violate New York criminal-procedure law. Under Sections 310.60 and 310.70 , which control, respectively, declaration of a mistrial and partial verdicts, a judge may (a) declare a mistrial if the jury is deadlocked and the judge determines that no verdict is likely; or (b) accept a partial verdict if the jury announces that it has reached a verdict on one count but is deadlocked on the other count or counts. Other than those two situations, a judge may not declare a mistrial during jury deliberations unless both parties – the prosecution and the defendant – agree. CLICK HERE FOR MORE FOX NEWS OPINION Here, neither (a) nor (b) happened. Yet, Wiley allowed Bragg to dismiss the reckless homicide charge for the purpose of continuing the trial and forcing the jury to deliberate on the lesser negligent-homicide offense. In essence, Bragg manufactured a partial verdict even though the jury did not reach one, and now wants the jury to continue deliberations as if this were only a negligence case – i.e., a case starkly different from the one prosecutors presented to the jury the last eight weeks. And this was done without the consent of the defendant. CLICK HERE TO GET THE FOX NEWS APP Judge Wiley had full authority to grant Penny’s mistrial motion under Section 310.60 on the ground that the jury had deliberated for an extensive period of time without reaching any verdict. Instead, the judge bowed to Bragg’s Rube Goldberg plan: bring an exhausted, divided, already Allen- charged jury back to court Monday, to start all over again. The jurors have to be thinking that the court will keep them at it for as long as it takes to get Penny convicted of something . It's wrong ... but it’s so Manhattan. CLICK HERE TO READ MORE FROM ANDREW McCARTHY Andrew C. McCarthy serves as a FOX News contributor and is a senior fellow at the National Review Institute and a contributing editor of National Review. Follow him on Twitter @andrewcmccarthy