STATE v. OSORIO

No. COA08-1199.

675 S.E.2d 144 (2009)

STATE of North Carolina v. Argenis Alvarez OSORIO.

Court of Appeals of North Carolina.

April 21, 2009.


Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General David D. Lennon, for the State.

Geoffrey W. Hosford, Wilmington, for defendant-appellant.


STEELMAN, Judge.

The trial court did not abuse its discretion when instructing a jury to continue deliberations after two days and allowing substitution of counsel during jury deliberations. The trial court did not err in instructing the jury on acting in concert when a defendant's own statements implicated a second party in a drug transaction. Where defendant did not request individual polling of the jury at trial, the question is not preserved on appeal.

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