PEOPLE v. AUSTIN


161 A.D.2d 275 (1990)

The People of the State of New York, Respondent, v. Leroy Austin, Appellant

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

May 8, 1990


On June 28, 1986, defendant struck the complainant in the head with a gun, causing her to fall to the ground unconscious, after which he kicked and stomped her. During jury deliberations, the court received a jury note stating that all the jurors, except one, had reached agreement. Counsel requested that the court declare a mistrial and argued that no Allen charge should be delivered. The court, however, gave supplemental instructions urging the jurors to exchange...

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