People v. Henry

—Appeal by the defendant from a judgment of the Supreme Court, Queens County *588(Rios, J.), rendered July 8, 1997, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

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

In its Allen charge (see, Allen v United States, 164 US 492), given after the jury had notified the trial court for the second time that it was deadlocked, the court instructed that each juror had to “try to convince…