Opinion
December 27, 2000.
Appeal from Judgment of Monroe County Court, Egan, J. — Burglary, 3rd Degree.
PRESENT: WISNER, J. P., HURLBUTT, SCUDDER AND KEHOE, JJ.
Judgment unanimously affirmed.
Memorandum:
We reject the contention of defendant that he was denied a fair trial because County Court's Allen charge coerced the jury to reach a verdict ( see, Allen v. United States, 164 U.S. 492). The record establishes that the court advised the parties that it would not give an Allen charge because the note from the jury did not indicate that the jury was deadlocked. The court answered the question set forth in the jury's note, "What happens if we are a hung jury?" and we conclude that the court "did not coerce or compel the jury to reach a verdict" ( People v. Abston, 229 A.D.2d 970, 971, lv denied 88 N.Y.2d 1066; see also, People v. Gonzalez, 259 A.D.2d 631, 631-632, lv denied 93 N.Y.2d 970).