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PEOPLE v. BAHER

308 A.D.2d 365 (2003)

765 N.Y.S.2d 771

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARTIN BAHER, Appellant.

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

Decided September 16, 2003.

The court properly exercised its discretion when it denied defendant's mistrial motion made after the deliberating jury indicated that it was deadlocked, and instead delivered an Allen charge (Allen v United States, 164 U.S. 492 [1896]). Defendant's challenge to the language of the Allen charge is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the charge...

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