People v. Baum

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered May 15, 1991, convicting him of murder in the second degree and robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

We agree with the defendant’s contention that the court’s Allen charge (see, Allen v United States, 164 US 492) was coercive (see, People v Delaremore, 212 AD2d 804). The defendant is therefore entitled to a new trial.

The defendant has not preserved for appellate review his contention…