People v. Aponte
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
The question presented by this appeal is whether Supreme Court’s supplemental instruction to a deadlocked jury was unbalanced and coercive so as to deprive defendant of a fair trial. We conclude that it was.
Defendant was charged in a single-count indictment with criminal sale of a controlled substance in the third degree (Penal Law § 220.39), arising from a buy and bust operation in Manhattan. His trial consisted of approximately three hours of testimony from three witnesses, two for the prosecution and one for the defense. The only issue at trial was the…
2Cases cited7 opinions
- Allen v. United StatesSupreme Court of the United States · 1896
- Lowenfield v. PhelpsSupreme Court of the United States · 1988
- United States v. United States Gypsum Co.Supreme Court of the United States · 1978
- People v. OwensNew York Court of Appeals · 1987
- People v. PaganNew York Court of Appeals · 1978
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3Cited by43 opinions
- People v. LaValleNew York Court of Appeals · 2004
- The People v. Pettis HardyNew York Court of Appeals · 2015
- People v. AndersonAppellate Division of the Supreme Court of the State of New York · 2017
- People v. DeckerAppellate Division of the Supreme Court of the State of New York · 2023
- Harris v. JuddHawaii Supreme Court · 1873
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