Legal Opinion
People v. Nunez
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 1998PublishedCited by 8 opinions
1Opinion of the Court
—Judgment, Supreme Court, Bronx County (Lawrence Tonetti, J.), rendered January 18, 1996, convicting defendant, after a jury trial, of attempted murder in the second degree, and sentencing him, as a second felony offender, to a term of 71/2 to 15 years, unanimously reversed, on the law, and the matter remanded for a new trial.
Defendant contends that the court’s Allen charge (Allen v United States, 164 US 492) was unbalanced and improperly coercive. The communications between the deliberating jury and the court reflect an almost immediate difficulty in reaching a consensus. On the first day of…
2Cases cited4 opinions
- Allen v. United StatesSupreme Court of the United States · 1896
- People v. AliNew York Court of Appeals · 1979
- People v. AliAppellate Division of the Supreme Court of the State of New York · 1978
- People v. DiazNew York Court of Appeals · 1985
3Cited by8 opinions
- People v. AugusteAppellate Division of the Supreme Court of the State of New York · 2002
- Fong v. PooleDistrict Court, S.D. New York · 2007
- People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 2022
- People v. SpencerAppellate Division of the Supreme Court of the State of New York · 2016
- People v. AponteAppellate Division of the Supreme Court of the State of New York · 2003
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