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People v. Ali

47 N.Y.2d 920 Court N.Y. Decision date 1979-06-26 English

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p. 920
The People of the State of New York, Appellant, v Frank Ali, Respondent.
Argued May 30, 1979;
decided June 26, 1979
p. 921
APPEARANCES OF COUNSEL
Robert M. Morgenthau, District Attorney (Phyllis M. Gershon, Robert M. Pitler and Jerrold L. Neugarten of counsel), for appellant.
Neil J. Rosini and John C. Sabetta for respondent.

OPINION OF THE COURT

Memorandum.

The order appealed from should be affirmed for the reasons stated in the Appellate Division memorandum. We would add that instead of giving a special supplemental charge to a deadlocked jury, the court in its initial charge might well instruct the jury as to the nature of its duties in the course of deliberation (see PJI 1:28), and then, should the jury fail to reach a verdict, repeat the instruction (see Comment NY PJI 2d, 1:100; ABA, Standards Relating to Trial By Jury, § 5.4).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.