From Casetext: Smarter Legal Research

People v. Fleury

Appellate Division of the Supreme Court of New York, Second Department
Nov 4, 1991
177 A.D.2d 504 (N.Y. App. Div. 1991)

Opinion

November 4, 1991

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


Ordered that the judgment is affirmed.

The defendant contends that the trial court, faced with an apparently deadlocked jury, failed to deliver a properly balanced Allen charge (see, Allen v. United States, 164 U.S. 492), in that it failed to expressly stress that no juror should abandon his or her conscientiously held opinions simply so that a verdict could be reached. The record reveals, however, that the supplemental instructions rendered in this case were essentially neutral, were directed at the jurors in general, and did not coerce the jurors to reach a verdict or to achieve a specific result (People v. Eley, 121 A.D.2d 462; People v Curtin, 115 A.D.2d 753). Nor did the instructions urge that a dissenting juror abandon his own conviction and join in the opinion of other jurors or shame the jury into reaching a verdict (People v. Hardy, 109 A.D.2d 802; see, People v. Gomez, 149 A.D.2d 432; People v. Zocchi, 133 A.D.2d 478).

In light of the overall balanced nature of the charge, the court's remark that this was not a difficult case, did not render the charge coercive (see, People v. Boyd, 150 A.D.2d 786, 787; cf., People v. Rodriguez, 70 N.Y.2d 523, 532). Thompson, J.P., Kunzeman, Eiber and Miller, JJ., concur.


Summaries of

People v. Fleury

Appellate Division of the Supreme Court of New York, Second Department
Nov 4, 1991
177 A.D.2d 504 (N.Y. App. Div. 1991)
Case details for

People v. Fleury

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PETER FLEURY, Appellant

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

Date published: Nov 4, 1991

Citations

177 A.D.2d 504 (N.Y. App. Div. 1991)
575 N.Y.S.2d 713

Citing Cases

People v. Shannon

Although the court's charge did not expressly instruct that each juror was entitled to maintain…

People v. Santiago

The defendant has not preserved for appellate review his contention that the court's instruction to the jury…