Summary
holding the defendant failed to preserve his contention that the court's Allen charge was coercive
Summary of this case from Vassar v. ArtusOpinion
Submitted September 14, 1999
November 1, 1999
Wallace M. Germain, Glen Cove, N.Y., for appellant.
Denis Dillonl, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Jodi A. Danzig of counsel), for respondent.
GUY JAMES MANGANO, P.J., CORNELIUS J. O'BRIEN, DAVID S. RITTER, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
Appeal by the defendant from a judgment of the County Court, Nassau County (Honorof, J.), rendered February 2, 1998, convicting him of attempted aggravated assault upon a police officer, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the court's Allen charge (see,Allen v. United States, 164 U.S. 492 ) was coercive is not preserved for appellate review since he did not raise a specific objection on that ground before the trial court (see, People v. Ramkisson, 245 A.D.2d 393 ). In any event, read as a whole, the court's Allen charge was proper (see, People v. Cowen, 249 A.D.2d 560 ).
The defendant's remaining arguments are either unpreserved for appellate review (see, CPL 470.05[2]) or without merit (see,People v. Payne, 88 N.Y.2d 172 ; People v. Kovzelove, 242 A.D.2d 477 ;People v. Campbell, 228 A.D.2d 689 ; People v. Okafore, 72 N.Y.2d 81 ;People v. Satterfield, 66 N.Y.2d 796 ; People v. Suitte, 90 A.D.2d 80 ).
MANGANO, P.J., O'BRIEN, RITTER, and SCHMIDT, JJ., concur.