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People v. Jones

283 A.D.2d 657 Court N.Y. App. Div. Decision date 2001-05-29 English

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p. 657
The People of the State of New York, Respondent, v Wally Jones, Appellant.
[725 NYS2d 872]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chambers, J.), rendered July 8, 1999, convicting him of criminal sale of a controlled substance in the third degree and crim

p. 658
inal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s claim that the trial court’s Allen charge (Allen v United States, 164 US 492 ) coerced the jury into returning a verdict after they had reported a deadlock is unpreserved for appellate review. The defense counsel neither requested a specific charge nor objected to the charge as given (see, People v Perdomo, 204 AD2d 358 ). In any event, the charge, which stressed the importance of reaching a verdict without forcing any juror to yield a conscientious belief, was proper when taken as a whole (see, People v Alvarez, 86 NY2d 761 ; People v Davis, 259 AD2d 627 ). Krausman, J. P., S. Miller, McGinity and Schmidt, JJ., concur. v

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