135 A.D.3d 602 22 N.Y.S.3d 865

The People of the State of New York, Respondent, v Michael James, Appellant.

[22 NYS3d 865]

Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered April 13, 2012, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third and fourth degrees, and sentencing him, as a second felony drug offender, to an aggregate term of eight years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the prison term for the conviction for third-degree possession to six years, resulting in a new aggregate term of six years, and otherwise affirmed.

We find that the Allen charge, read as a whole, was balanced and not coercive (see People v Pagan, 45 NY2d 725, 727 [1978]). The court encouraged the jurors to reach a verdict if possible, while reminding them not to give up their conscientiously held positions. Concur — Sweeny, J.P., Renwick, Manzanet-Daniels and Gische, JJ.

People v. James
135 A.D.3d 602 22 N.Y.S.3d 865

Case Details

Name
People v. James
Decision Date
Jan 21, 2016
Citations

135 A.D.3d 602

22 N.Y.S.3d 865

Jurisdiction
New York

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