PEOPLE v. JOSEY


19 A.D.2d 660 (1963)

The People of the State of New York, Respondent, v. John Josey, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 27, 1963


The judgment of conviction, although warranted by the evidence, must be reversed since we are constrained to find coercive the trial court's remarks and instructions to the jury when it reported a failure to agree upon a verdict. The jurors commenced their deliberations at 11:00 A.M., continued them after going out for lunch and at 5:40 P.M. reported that they could not agree. The trial court then, quite properly, instructed them that it was their

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