Opinion
April 22, 1996
Appeal from the Supreme Court, Queens County (Lonschein, J.).
Ordered that the judgment is reversed, on the law, with costs, and the complaint is reinstated.
When charging a jury, "`[t]o say to a minority that they should re-examine their views in the light of the opinion held by the majority, without putting a like duty on the majority respecting the opinion of the minority, is wrong. The minority may be right and the majority wrong'" ( Field v. Field, 283 App. Div. 372, 374, quoting Acunto v. Equitable Life Assur. Socy., 270 App. Div. 386, 388; see also, People v. Henry, 56 A.D.2d 610). In this case, the Supreme Court improperly directed the jurors in the minority "to think a little bit to see why you're in the minority when other jurors who are equally intelligent as you have a different view. Maybe if you take that tact [ sic] * * * you might be in a position possibly to change your mind about the verdict." This attempt to coerce the jurors should have been avoided ( see, People v. Sheldon, 156 N.Y. 268, 282) and requires reversal ( see, People v. Tempera, 94 A.D.2d 748; People v Robinson, 84 A.D.2d 732; Field v. Field, supra).
The parties' remaining contentions are academic in light of our determination. Sullivan, J.P., Pizzuto, Joy and Krausman, JJ., concur.