PEOPLE v. ALI


47 N.Y.2d 920 (1979)

The People of the State of New York, Appellant, v. Frank Ali, Respondent.

Court of Appeals of the State of New York.

Decided June 26, 1979.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Phyllis M. Gershon, Robert M. Pitler and Jerrold L. Neugarten of counsel), for appellant.

Neil J. Rosini and John C. Sabetta for respondent.

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


MEMORANDUM.

The order appealed from should be affirmed for the reasons stated in the Appellate Division memorandum. We would add that instead of giving a special supplemental charge to a deadlocked jury, the court in its initial charge might well instruct the jury as to the nature of its duties in the course of deliberation (see PJI 1:28), and then, should the jury fail to reach a verdict, repeat the instruction (see Comment...

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