109 A.D.2d 802

The People of the State of New York, Respondent, v Bernard Hardy, Appellant.

— Appeal by defendant from a judgment of the Supreme Court, Queens County (Balbach, J.), rendered June 30, 1983, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Defendant argues that the trial court coerced the jury into reaching a verdict. After approximately seven hours of deliberation, without a verdict, the jury foreman reported that he believed the jury would remain unable to reach a decision. The trial court then gave the jury a so-called “Allen” charge, urging the importance of the jury reaching a verdict. Such a charge is proper provided it does not urge that (1) a dissenting juror abandon his own conviction and join in the opinion of other jurors, (2) attempt to coerce or compel the jury to agree upon a particular verdict (People v Faber, 199 NY 256), or (3) shame the jury into reaching a verdict (People v Josey, 19 AD2d 660; see, People v Randall, 9 NY2d 413; People v Sharff, 45 AD2d 666, affd 38 NY2d 751; 1 Charges to Jury Crim Case § 2.38 [rev ed]; 1 CJI 42.60, at 1019). The charge at bar was free of these errors. Moreover, “[i]t is well established that the determination of how long a disagreeing jury will be kept together and required to continue their deliberation is a matter of sound judicial discretion which, in the absence of abuse, will not be disturbed” (People v Presley, 22 AD2d 151, 154, affd 16 NY2d 738).

We have considered defendant’s other contentions and find them to be without merit. O’Connor, J. P., Rubin, Lawrence and Eiber, JJ., concur.

People v. Hardy
109 A.D.2d 802

Case Details

Name
People v. Hardy
Decision Date
Mar 11, 1985
Citations

109 A.D.2d 802

Jurisdiction
New York

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