People v. Kisoon

Schmidt, J. (dissenting).

Approximately 90 minutes into the deliberations, the jurors sent a note to the court stating that they believed that they would never reach a unanimous verdict and their current vote totals on each charge. The court summarized the contents of the note to the attorneys outside the presence of the jury, but did not inform the attorneys of the vote total. After the jury was seated, the court read the following portion of the note: “[W]e believe that further deliberation will not change our decision,” without mentioning the vote totals, and delivered an Allen charge (see…