PEOPLE v. DEMERY


60 A.D.2d 606 (1977)

The People of the State of New York, Respondent, v. Lawrence Demery, Appellant

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

December 12, 1977


Judgment reversed, on the law, and new trial ordered.

No contentions have been raised with respect to the facts. Although the evidence of defendant's guilt was sufficient to sustain the jury's verdict, the conviction must be reversed because of the coercive nature of the supplemental charge delivered by the court. After several hours of deliberation the jury reported that it was hopelessly deadlocked on the assault count. In order to obtain a definitive verdict on...

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