People v. Diaz

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Golia, J.), rendered May 13, 1996, convicting him of robbery in the first degree (two counts), robbery in the second degree (two *527counts), and grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

In the instant case, the trial court, in its Allen charge (Allen v United States, 164 US 492), instructed the jury that “[ijf you have a reasonable doubt * * * and one or more of your fellow jurors questions you about it,…