Opinion
Submitted March 15, 2001.
April 5, 2001.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Corso, J.), rendered November 17, 1998, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Ethel P. Ross, Rye, N.Y., for appellant.
James M. Catterson, Jr., District Attorney, Riverhead, N Y (Craig D. Pavlik of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the trial court's decision to give a second Allen charge (see, Allen v. United States, 164 U.S. 492) resulted in a coerced verdict is unpreserved for appellate review since defense counsel did not object to the second Allen charge (see, CPL 470.05; People v. Marero, 208 A.D.2d 769). In any event, both Allen charges were balanced and not coercive (see, People v. Pagan, 45 N.Y.2d 725; People v. Sims, 226 A.D.2d 564).
Moreover, the determination as to the length of time jurors will be required to deliberate necessarily rests in the broad discretion of the trial court (see, Matter of Plummer v. Rothwax, 63 N.Y.2d 243, 250; People v. Caballero, 242 A.D.2d 337, 338; People v. Johnson, 224 A.D.2d 635). There is no rigid mechanical formula by which such a decision can be evaluated (see, Matter of Plummer v. Rothwax, supra). Under the facts and circumstances of this case, the trial court providently exercised its discretion (see, People v. Adams, 123 A.D.2d 355).
The defendant's remaining contentions are without merit.