Opinion
July 6, 1998
Appeal from the Supreme Court, Kings County (Steinhardt, J.).
Ordered that the judgment is affirmed.
Prior to summations, the court informed the jurors that once deliberations began, there was a possibility of sequestration. After the jurors had been deliberating for a little more than three hours, and as the court was addressing them about the time of day and the length of time they had been deliberating, a juror blurted out that the jurors needed "Twenty minutes. That's all we need". The request was granted. Approximately 45 minutes later, the jurors returned with their verdict.
Contrary to the defendant's contention, the jurors' deliberations were not improperly curtailed by the court. In a situation where agreement is near, an additional short period of deliberation does not indicate coercion ( see, People v. Lewis, 71 A.D.2d 7; see also, Underwood v. Kelly, 692 F. Supp. 146, 152, affd 875 F.2d 857, cert denied 493 U.S. 837).
The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
Miller, J. P., Sullivan, Friedmann and McGinity, JJ., concur.