United States v. McDonald

SACK, Circuit Judge:

This appeal is from a judgment of the United States District Court for the Southern District of New York (John G. Koeltl, Judge), convicting the defendant on three federal fraud charges. The principal issue before us is the propriety of the actions taken by a trial judge, presiding over a criminal trial, after a jury poll revealed that the guilty verdict rendered was not unanimous. In this case, upon learning that at least one juror did not join the verdict, the district court, briefly and with little elaboration, instructed the jury to continue its deliberations. The…