People v. Delaremore

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered May 22, 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. After deliberating for two days, the jury advised the court that "one of the jurors has decided not to deliberate any further and we are at a deadlock”. The…