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PEOPLE v. HENRY

283 A.D.2d 587 (2001)

727 N.Y.S.2d 445

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICK HENRY, Appellant.

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

Decided May 21, 2001.

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

In its Allen charge (see, Allen v United States, 164 U.S. 492), given after the jury had notified the trial court for the second time that it was deadlocked, the court instructed that each juror had to "try to convince the others, if you could, that you're correct and show them why you're correct. Show them the law. Show them the evidence."...

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