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PEOPLE v. JOHNSON

193 A.D.2d 695 (1993)

598 N.Y.S.2d 39

The People of the State of New York, Respondent, v. Anthony Johnson, Appellant

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

May 10, 1993

Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and are determined to have been established.

We agree with the defendant's contention that the court's Allen charge (Allen v United States, 164 U.S. 492) was coercive and accordingly, we reverse and grant him a new trial. The court submitted two counts of sodomy in the...

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