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PEOPLE v. ALVAREZ

54 A.D.3d 612 (2008)

864 N.Y.S.2d 410

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CESAR ALVAREZ, Appellant.

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

September 18, 2008.

Since the court's reference to numerical majorities did not result in a constitutionally deficient jury instruction, counsel's failure to object to that reference did not deprive defendant of effective assistance. Although the court employed language that we disapproved in People v Johnson (11 A.D.3d 224 [2004]), it did so only in the context of the requirement of a unanimous verdict. The...

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