PEOPLE v. BACKUS


184 A.D.2d 231 (1992)

The People of the State of New York, Respondent, v. Russell Backus, Appellant

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

June 4, 1992


Defendant contends that the trial court's response to the jury foreperson's oral request that the jury be permitted to continue its deliberations rather than be sequestered compromised his right to be tried by a jury of twelve and constituted an unduly coercive Allen charge in that it improperly emphasized the expense of sequestration as a reason to continue deliberations.

The point, however, is unpreserved for appellate review, since defendant did not object...

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