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PEOPLE v. FERGUSON

237 A.D.2d 187 (1997)

655 N.Y.S.2d 15

The People of the State of New York, Respondent, v. Jermaine Ferguson, Appellant. The People of the State of New York, Respondent, v. Curtis Armstrong, Appellant

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

March 20, 1997

Defendants' challenges to the court's Allen charge are unpreserved for appellate review (People v Jackson, 209 A.D.2d 247, 248, lv denied 85 N.Y.2d 974). Were we to consider the matter in the interest of justice, the charge was warranted, and, when viewed as a whole, was sufficiently balanced (see, People v Alvarez, 86 N.Y.2d 761...

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