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PEOPLE v. NUNEZ

256 A.D.2d 192 (1998)

683 N.Y.S.2d 231

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS NUNEZ, Appellant.

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

Decided December 22, 1998.

Defendant contends that the court's Allen charge (Allen v United States, 164 U.S. 492) was unbalanced and improperly coercive. The communications between the deliberating jury and the court reflect an almost immediate difficulty in reaching a consensus. On the first day of deliberations, the jury requested reinstruction on the charge of attempted murder in the second degree. Early on the second day, the jurors sent a note to the...

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