PEOPLE v. PAGAN


45 N.Y.2d 725 (1978)

The People of the State of New York, Respondent, v. Carlos Pagan, Appellant.

Court of Appeals of the State of New York.

Decided July 11, 1978.


Attorney(s) appearing for the Case

Daniel M. Ross and William E. Hellerstein for appellant.

Robert M. Morgenthau, District Attorney (Phyllis M. Gershon, Robert M. Pitler, Jerrold L. Neugarten and Susan K. Wasserman of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

After deliberating for five hours and finding themselves unable to reach a verdict, members of the jury were instructed that unlike this "simple case, as far as the amount of evidence to be covered is concerned * * * some cases last months, but the Jury is expected to come to a verdict." The court then noted that "sometimes a Jury can't reach a verdict...

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