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PEOPLE v. SPALLONE

4097. 1435/15.

150 A.D.3d 556 (2017)

2017 NY Slip Op 04065

55 N.Y.S.3d 198

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK SPALLONE, Appellant.

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

Decided May 23, 2017.

We find that the court's reference to the prospect of a retrial in the event that the jury did not reach a verdict was not coercive under the circumstances (see e.g. People v Strother, 30 A.D.3d 346, 346 [1st Dept 2006], lv denied 7 N.Y.3d 818 [2006]). While the court's brief comment that it would be "upsetting" if such a diverse jury could not reach a verdict was improvident, the...

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