People v. Auguste
| Decision Date | 06 May 2002 |
| Citation | 741 N.Y.S.2d 700,294 A.D.2d 371 |
| Court | New York Supreme Court — Appellate Division |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>LUDWIDGE AUGUSTE, Appellant. |
Ordered that the judgment is affirmed.
At trial, the jury deadlocked on the burglary count, after which the court provided a standard Allen instruction (see Allen v United States, 164 US 492). After the jury deadlocked a second time, the court gave an "enhanced" Allen charge. Soon after, the jury returned a verdict convicting the defendant of burglary in the second degree. The defendant contends that the second Allen charge was improper.
Since the defendant failed to request specific language for the second Allen charge and failed to object to the charge as given, his claim is unpreserved for appellate review (see People v Petty, 282 AD2d 551; People v McRae, 266 AD2d 241; People v Arnold, 226 AD2d 468; People v Perdomo, 204 AD2d 358). In any event, contrary to the defendant's contention, the charge adequately advised the jurors that they were not to abandon their individual beliefs and that the jury verdict must be the verdict of each individual juror (see People v Sims, 226 AD2d 564; cf. People v Ali, 65 AD2d 513, affd 47 NY2d 920). Moreover, in light of the overall propriety of the charge, the jury's brief deliberation after the court issued the Allen charge did not demonstrate that the charge was coercive (cf. People v Nunez, 256 AD2d 192; People v Diaz, 245 AD2d 526).
To continue reading
Request your trial
-
People v. Drummond
...; People v. Smith, 135 A.D.3d 970, 971, 23 N.Y.S.3d 391 ; People v. Terry, 122 A.D.3d 882, 883, 996 N.Y.S.2d 362 ; People v. Auguste, 294 A.D.2d 371, 372, 741 N.Y.S.2d 700 ). In any event, such instructions are proper provided they do not (1) urge a dissenting juror to abandon his or her co......
-
People v. Terry
...528 ) were coercive is unpreserved for appellate review due to his failure to object at trial (see CPL 470.05[2] ; People v. Auguste, 294 A.D.2d 371, 371–372, 741 N.Y.S.2d 700 ; People v. Ramkisson, 245 A.D.2d 393, 666 N.Y.S.2d 447 ). In any event, the charges were proper, as the Supreme Co......
-
Matter of Steven W.
... ... Viewing the evidence in the light most favorable to the presentment agency (cf. People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish that the appellant committed an act which, if committed by an adult, ... ...