Majority
We reject the defendant’s contention that the court’s Allen charge (see, Allen v United States, 164 US 492 ) was coercive. A trial court may properly discharge its responsibility by requesting the jurors to make one final effort to review the evidence and reach a verdict if they can (see, People v Pagan, 45 NY2d 725 , 727). The court’s Allen charge was a reasonable request for the jury to continue its deliberations (see, People v Demery, 60 AD2d 606 ).
The defendant’s remaining contentions are unpreserved for appellate review (see, CPL 470.05 [2]; People v Kearse, 144 AD2d 495 ; People v Udzinski, 146 AD2d 245 ), and we decline to reach these contentions in the exercise of our interest of justice jurisdiction. Kunzeman, J. P., Balletta, Miller and Ritter, JJ., concur.
Cases cited
- Allen v. United States 164 US 492 p. 673
- People v. Pagan 45 NY2d 725 at 727 p. 673
- People v. Demery 60 AD2d 606 p. 673
- People v. Kearse 144 AD2d 495 p. 673
- People v. Udzinski 146 AD2d 245 p. 673