People v. Johnson

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered June 6, 1991, convicting him of sodomy in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and are determined to have been established.

We agree with the defendant’s contention that the court’s Allen charge (Allen v United States, 164 US 492) was coercive *696and accordingly, we reverse and grant him a new trial. The court submitted two counts of sodomy in the first degree to the…