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PEOPLE v. SMALLS

237 A.D.2d 116 (1997)

654 N.Y.S.2d 362

The People of the State of New York, Respondent, v. Kevin Smalls, Appellant

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

March 4, 1997

The court's Allen charge was appropriate, since it reminded the jurors of their duty to deliberate and did nothing to urge any jurors to surrender their conscientiously held positions (see, People v Ford, 78 N.Y.2d 878). Furthermore, the record belies any claim that the Allen charge was coercive, as the jury continued deliberating for another day after the charge, and it requested further readbacks of the testimony...

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