People v. White
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: On this appeal from a conviction, following a jury trial, for rape in the first degree and burglary in the second degree, defendant contends that the trial court’s supplemental charge to the jury was coercive and deprived him of a fair trial. This claim arises from the Allen charge (see, Allen v United States, 164 US 492) which was given to the jury after it had informed the court that it was deadlocked. No objection or exception was taken to this supplemental instruction and thus the issue has not been properly preserved for review (CPL 470.05 [2];…
2Cases cited8 opinions
- Allen v. United StatesSupreme Court of the United States · 1896
- In re PadillaNew York Court of Appeals · 1986
- People v. GruttolaNew York Court of Appeals · 1977
- People v. . BeckerNew York Court of Appeals · 1915
- People v. SuarezAppellate Division of the Supreme Court of the State of New York · 1983
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1994
- People v. O'ConnorAppellate Division of the Supreme Court of the State of New York · 1997
- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 1996
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1994
- People v. AyersAppellate Division of the Supreme Court of the State of New York · 2000
1 more not listed; retrieve them via the Exa API.