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PEOPLE v. DARMANIN

70 A.D.2d 917 (1979)

The People of the State of New York, Respondent, v. Michael Darmanin, Appellant

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

June 11, 1979

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

No contentions have been raised with respect to the facts. The conviction must be reversed because of the coercive nature of the supplemental charge delivered by the court to the deadlocked jurors (see People v Demery, 60 A.D.2d 606). Further, the court's colloquy with juror No. 5 suggested that the court was of the opinion that defendant was guilty. Accordingly, there...

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