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PEOPLE v. DIAZ

245 A.D.2d 526 (1997)

666 N.Y.S.2d 684

The People of the State of New York, Respondent, v. Henry Diaz, Appellant

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

December 22, 1997

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

In the instant case, the trial court, in its Allen charge (Allen v United States, 164 U.S. 492), instructed the jury that "[i]f you have a reasonable doubt * * * and one or more of your fellow jurors questions you about it, you should be willing and able to give that juror what you believe is a fair...

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