PEOPLE v. NELSON


30 A.D.3d 351 (2006)

818 N.Y.S.2d 204

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYRONE NELSON, Appellant.

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

June 29, 2006.


Where the jury had not previously been sequestered and had deliberated for more than two days, advising the court at the end of each day that it was deadlocked, and had received an appropriate Allen charge, it was impermissibly coercive and prejudicial to defendant's right to a fair trial for the court to then tell the jurors that they were to return the next morning for further deliberations and that they should come prepared for the possibility of being sequestered...

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