People v. Darmanin

Appellate Division of the Supreme Court of New York

People v. Darmanin

70 A.D.2d 917, 417 N.Y.S.2d 876, 1979 N.Y. App. Div. LEXIS 12511

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 11, 1979

StatusPublished

This text of 70 A.D.2d 917 (People v. Darmanin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Darmanin, 70 A.D.2d 917, 417 N.Y.S.2d 876, 1979 N.Y. App. Div. LEXIS 12511 (N.Y. Ct. App. 1979).

Pincite

Opinion

— Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered May 16, 1977, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. No contentions have been raised with respect to the facts. The conviction must be reversed because of the coercive nature of the supplemental charge delivered by the court to the deadlocked jurors (see People v Demery, 60 AD2d 606). Further, the court’s colloquy with juror No. 5 suggested that the court was of the opinion that defendant was guilty. Accordingly, there must be a new trial, as the People, with commendable candor, concede. Suozzi, J. P., O’Connor, Martuscello and Mangano, JJ., concur.

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— Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered May 16, 1977, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. No contentions have been raised with respect to the facts. The conviction must be reversed because of the coercive nature of the supplemental charge delivered by the court to the deadlocked jurors (see People v Demery, 60 AD2d 606). Further, the court’s colloquy with juror No. 5 suggested that the court was of the opinion that defendant was guilty. Accordingly, there must be a new trial, as the People, with commendable candor, concede. Suozzi, J. P., O’Connor, Martuscello and Mangano, JJ., concur.

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Bluebook (online)

70 A.D.2d 917, 417 N.Y.S.2d 876, 1979 N.Y. App. Div. LEXIS 12511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-darmanin-nyappdiv-1979.

Opinion

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