People v. Roche

Judgment of the Supreme Court, New York County (Richard Lowe, III, J.), rendered December 22, 1992, convicting the defendant, after a jury trial, of murder in the second degree, and sentencing him, as a second felony offender, to an indeterminate prison term of from 25 years to life, unanimously reversed, on the law, and the matter remanded for a new 'trial.

The jury, after reviewing selected portions of the testimony and other evidence received at trial, announced that it was deadlocked and the court, in response, delivered an Allen charge in the course of which the jury was instructed: "If…