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People v. Briggs

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1992
184 A.D.2d 646 (N.Y. App. Div. 1992)

Opinion

June 15, 1992

Appeal from the Supreme Court, Kings County (Broomer, J.).


Ordered that the judgment is affirmed.

The defendant asserts that the trial court's charge in the nature of a predeliberation Allen instruction (see, Allen v United States, 164 U.S. 492) was unduly coercive, resulting in a deprivation of his right to a fair trial (see, People v. Ali, 47 N.Y.2d 920). We disagree. The court stressed the importance of rendering a verdict which was founded on each individual juror's rational and independent assessment of the evidence and effectively conveyed the message that the emphasis throughout the deliberations should be on reason rather than emotion (see, People v. McGee, 76 N.Y.2d 764; People v. Crawford, 158 A.D.2d 706; People v. Innocent, 150 A.D.2d 608, 609).

The defendant's remaining contentions are unpreserved for appellate review and we decline to address them in the exercise of our interest of justice jurisdiction (see, CPL 470.15). Sullivan, J.P., Harwood, Balletta and Eiber, JJ., concur


Summaries of

People v. Briggs

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1992
184 A.D.2d 646 (N.Y. App. Div. 1992)
Case details for

People v. Briggs

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREGORY BRIGGS…

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

Date published: Jun 15, 1992

Citations

184 A.D.2d 646 (N.Y. App. Div. 1992)
584 N.Y.S.2d 916