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PEOPLE v. PITTS

47 A.D.3d 845 (2008)

849 N.Y.S.2d 160

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMELL PITTS, Appellant.

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

Decided January 22, 2008.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court's supplemental instruction and Allen charge (see Allen v United States, 164 U.S. 492 [1896]), read as a whole, struck a fair balance between encouraging jurors to attempt to reach a unanimous verdict and not to abandon their conscientiously-held beliefs (see People v Boykin, 14 A.D.3d 576

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