People v. Smalls

Judgment, Supreme Court, Bronx County (Harold Silverman, J.), rendered December 2, 1987, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of 2 to 6 years, unanimously affirmed.

The court’s Allen charge was appropriate, since it reminded the jurors of their duty to deliberate and did nothing to urge any jurors to surrender their conscientiously held positions (see, People v Ford, 78 NY2d 878). Furthermore, the record belies any claim that the Allen charge was coercive, as the jury continued deliberating for another day after the charge, and…