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PEOPLE v. MORGAN

No. 204.

28 N.Y.3d 516 (2016)

68 N.E.3d 1224

46 N.Y.S.3d 493

2016 NY Slip Op 08484

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICK MORGAN, Appellant.

Court of Appeals of New York.

Decided December 20, 2016.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York City ( Susan H. Salomon of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Catherine M. Reno , Nancy D. Killian and Stanley R. Kaplan of counsel), for respondent.

Chief Judge DIFIORE and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN and FAHEY concur.

OPINION OF THE COURT

This case calls upon us to determine whether the trial court's supplemental instruction given after the jury returned a "verdict" that was not in fact unanimous was "unbalanced and coercive" such that it deprived defendant of his right to a fair trial. We agree with the Appellate Division that the instruction...

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