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People v. Gonzalez

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 2010
70 A.D.3d 855 (N.Y. App. Div. 2010)

Opinion

No. 2008-01718.

February 9, 2010.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldberg, J.), rendered February 19, 2008, convicting him of robbery in the third degree, upon a jury verdict, and imposing sentence.

Steven Banks, New York, N.Y. (Alan Axelrod and Davis Polk Wardwell [Peter A. Nelson], of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Goodwin Procter LLP [Matthew T. Tulchin], of counsel), for respondent.

Before: Covello, J.P., Santucci, Miller and Eng, JJ., concur.


Ordered that the judgment is affirmed.

The defendant's contention that the trial court's Allen charge ( see Allen v United States, 164 US 492) was improper is unpreserved for appellate review ( see CPL 470.05; People v Franklin, 54 AD3d 964). In any event, contrary to the defendant's contention, the charge, on the whole, was balanced and neutral ( see People v McKenzie, 48 AD3d 594, 595; People v Kendrick, 256 AD2d 420, 421). The court's instructions were directed at the jurors in general, and "did not urge that a dissenting juror abandon his or her own conviction, attempt to coerce or compel the jury to reach a particular verdict, or shame the jury into reaching a verdict" ( People v McKenzie, 48 AD3d at 595; see People v Gonzales, 281 AD2d 432; People v Perdomo, 204 AD2d 358).

Viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt.


Summaries of

People v. Gonzalez

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 2010
70 A.D.3d 855 (N.Y. App. Div. 2010)
Case details for

People v. Gonzalez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN GONZALEZ…

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

Date published: Feb 9, 2010

Citations

70 A.D.3d 855 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 986
893 N.Y.S.2d 843

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