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People v. Whetstone

Appellate Division of the Supreme Court of New York, Second Department
Feb 2, 1998
247 A.D.2d 414 (N.Y. App. Div. 1998)

Opinion

February 2, 1998

Appeal from the Supreme Court, Queens County (Golia, J.).


Ordered that the judgment is affirmed.

The defendant contends that the court's Allen charge ( see, Allen v. United States, 164 U.S. 492) to the deadlocked jury was improper. We disagree. The court's charge was neutral, directed to the jurors in general, and did not coerce a verdict or a specific result ( see, People v. Ford, 78 N.Y.2d 878; People v. Pagan, 45 N.Y.2d 725; People v. Kinard, 215 A.D.2d 591). The fact that the jurors requested several more readbacks and deliberated for several more hours further negates the defendant's claim that the charge was coercive ( see, People v. Cannon, 236 A.D.2d 294; People v. Diaz, 197 A.D.2d 379).

The defendants contention that the Allen charge constituted burden-shifting is unpreserved for appellate review ( see, CPL 470.05) and, in any event, is without merit ( see, People v. Lara, 224 A.D.2d 332).

Mangano, P.J., Joy, Altman and Luciano, JJ., concur.


Summaries of

People v. Whetstone

Appellate Division of the Supreme Court of New York, Second Department
Feb 2, 1998
247 A.D.2d 414 (N.Y. App. Div. 1998)
Case details for

People v. Whetstone

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FELIX WHETSTONE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 2, 1998

Citations

247 A.D.2d 414 (N.Y. App. Div. 1998)
667 N.Y.S.2d 935

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