People v. Strother

Appellate Division of the Supreme Court of New York

People v. Strother

30 A.D.3d 346, 816 N.Y.S.2d 909

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

DecidedJune 29, 2006

StatusPublished

Cited by1 cases

This text of 30 A.D.3d 346 (People v. Strother) 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. Strother, 30 A.D.3d 346, 816 N.Y.S.2d 909 (N.Y. Ct. App. 2006).

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Opinion

Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered January 18, 2005, convicting defendant, after a jury trial, of criminal trespass in the second degree, and sentencing him to a term of one year, unanimously affirmed.

Defendant’s challenge to the trial court’s Allen charge is not preserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the court’s reference to the prospect of a retrial in the event that the jury did not reach a verdict, was not coercive under the circumstances (see People v Texidor, 22 AD3d 320 [2005], lv denied 5 NY3d 885 [2005]; People v Perez, 164 AD2d 839, 842-843 [1990], affd 77 NY2d 928 [1991]). Concur—Buckley, EJ., Sullivan, Williams, Catterson and McGuire, JJ.

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Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered January 18, 2005, convicting defendant, after a jury trial, of criminal trespass in the second degree, and sentencing him to a term of one year, unanimously affirmed.

Defendant’s challenge to the trial court’s Allen charge is not preserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the court’s reference to the prospect of a retrial in the event that the jury did not reach a verdict, was not coercive under the circumstances (see People v Texidor, 22 AD3d 320 [2005], lv denied 5 NY3d 885 [2005]; People v Perez, 164 AD2d 839, 842-843 [1990], affd 77 NY2d 928 [1991]). Concur—Buckley, EJ., Sullivan, Williams, Catterson and McGuire, JJ.

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Bluebook (online)

30 A.D.3d 346, 816 N.Y.S.2d 909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-strother-nyappdiv-2006.

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