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People v. Denham

Appellate Division of the Supreme Court of New York, Second Department
Jan 13, 1992
179 A.D.2d 673 (N.Y. App. Div. 1992)

Opinion

January 13, 1992

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


Ordered that the judgment is affirmed.

We reject the defendant's contention that the court's Allen charge (see, Allen v. United States, 164 U.S. 492) was coercive. A trial court may properly discharge its responsibility by requesting the jurors to make one final effort to review the evidence and reach a verdict if they can (see, People v. Pagan, 45 N.Y.2d 725, 727). The court's Allen charge was a reasonable request for the jury to continue its deliberations (see, People v. Demery, 60 A.D.2d 606).

The defendant's remaining contentions are unpreserved for appellate review (see, CPL 470.05; People v. Kearse, 144 A.D.2d 495; People v. Udzinski, 146 A.D.2d 245), and we decline to reach these contentions in the exercise of our interest of justice jurisdiction. Kunzeman, J.P., Balletta, Miller and Ritter, JJ., concur.


Summaries of

People v. Denham

Appellate Division of the Supreme Court of New York, Second Department
Jan 13, 1992
179 A.D.2d 673 (N.Y. App. Div. 1992)
Case details for

People v. Denham

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHEN DENHAM…

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

Date published: Jan 13, 1992

Citations

179 A.D.2d 673 (N.Y. App. Div. 1992)

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