People v. Mercado

OPINION OF THE COURT

Tom, J.

Defendant appeals from a judgment convicting him of murder and a related charge on the grounds of, inter alia, failure of the trial court to take remedial action to insure that the jury verdict was unanimous.

Testimony adduced at the trial reveals that on July 16, 1994, shortly after 8:30 p.m., Brenton Rousey, Daniel Serrano and Mike Fernandez were accosted by defendant and a group of young men on Valentine Avenue in the Bronx. An altercation broke out and Fernandez was struck on the head with a 40-ounce beer bottle. As the two friends attempted to drag the…