Legal Opinion

People v. Auguste

Appellate Division of the Supreme Court of the State of New York

Decided May 6, 2002PublishedCited by 9 opinions

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Katz, J.), rendered August 10, 2000, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

At trial, the jury deadlocked on the burglary count, after which the court provided a standard Allen instruction (see Allen v United States, 164 US 492). After the jury deadlocked a second time, the court gave an “enhanced” Allen charge. Soon after, the jury returned a verdict convicting the defendant of burglary in the second degree. The defendant…

2Cases cited10 opinions

  1. Allen v. United StatesSupreme Court of the United States · 1896
  2. People v. AliNew York Court of Appeals · 1979
  3. People v. AliAppellate Division of the Supreme Court of the State of New York · 1978
  4. People v. PerdomoAppellate Division of the Supreme Court of the State of New York · 1994
  5. People v. NunezAppellate Division of the Supreme Court of the State of New York · 1998

5 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. People v. McKenzieAppellate Division of the Supreme Court of the State of New York · 2008
  2. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2009
  3. People v. AndrewsAppellate Division of the Supreme Court of the State of New York · 2006
  4. People v. ApplewhiteAppellate Division of the Supreme Court of the State of New York · 2008
  5. People v. DrummondAppellate Division of the Supreme Court of the State of New York · 2016

4 more not listed; retrieve them via the Exa API.

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