People v. Strother
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered January 18, 2005, convicting defendant, after a jury trial, of criminal trespass in the second degree, and sentencing him to a term of one year, unanimously affirmed.
Defendant’s challenge to the trial court’s Allen charge is not preserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the court’s reference to the prospect of a retrial in the event that the jury did not reach a verdict, was not coercive under the circumstances (see People v Texidor, 22 AD3d 320…
2Cases cited3 opinions
- People v. PerezNew York Court of Appeals · 1991
- People v. PerezAppellate Division of the Supreme Court of the State of New York · 1990
- People v. TexidorAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by1 opinion
- People v. SpalloneAppellate Division of the Supreme Court of the State of New York · 2017