Legal Opinion

People v. Demery

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

Decided December 12, 1977PublishedCited by 17 opinions

1Opinion of the Court

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered November 3, 1976, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. No contentions have been raised with respect to the facts. Although the evidence of defendant’s guilt was sufficient to sustain the jury’s verdict, the conviction must be reversed because of the coercive nature of the supplemental charge delivered by the court. After several hours of deliberation the jury reported that it was hopelessly deadlocked on…

2Cases cited9 opinions

  1. Jenkins v. United StatesSupreme Court of the United States · 1965
  2. People v. . FaberNew York Court of Appeals · 1910
  3. People v. . SheldonNew York Court of Appeals · 1898
  4. People v. OchsNew York Court of Appeals · 1957
  5. People v. SharffNew York Court of Appeals · 1975

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3Cited by17 opinions

  1. People v. GadsdenAppellate Division of the Supreme Court of the State of New York · 1981
  2. People v. PerezAppellate Division of the Supreme Court of the State of New York · 1990
  3. People v. KaramanitesAppellate Division of the Supreme Court of the State of New York · 1984
  4. People v. HuarotteAppellate Division of the Supreme Court of the State of New York · 1987
  5. Fong v. PooleDistrict Court, S.D. New York · 2007

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