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PEOPLE v. BOYKIN

14 A.D.3d 576 (2005)

787 N.Y.S.2d 662

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERMAINE BOYKIN, Appellant.

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

January 18, 2005.

Ordered that the judgment is affirmed.

The defendant contends that the County Court's supplemental Allen charge (see Allen v United States, 164 U.S. 492 [1896]) was coercive, imbalanced, and impermissibly shifted the burden of proof to him by requiring jurors to provide an explanation for their respective positions. However, considered as a whole, the charge was not coercive...

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