People v. McRae

• Decision Date: 01 November 1999
• Citation: 696 N.Y.S.2d 903
• Parties: The PEOPLE, etc., respondent, v. Shallicke McRAE, a/k/a Yuhura McCray, appellant.
• Court: New York Supreme Court — Appellate Division

Page 903

696 N.Y.S.2d 903

The PEOPLE, etc., respondent, v.Shallicke McRAE, a/k/a Yuhura McCray, appellant.

Supreme Court, Appellate Division Second Department, New York.

Nov. 1, 1999.

Wallace M. Germain, Glen Cove, N.Y., for appellant.

Denis Dillon, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Jodi A. Danzig of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Nassau County(Honorof, J.), rendered February 2, 1998, convicting him of attempted aggravated assault upon a police officer, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that the court's Allen charge (see, Allen v. United States, 164 U.S. 492, 17 S.Ct. 154, 41 L.Ed. 528) was coercive is not preserved for appellate review since he did not raise a specific objection on that ground before the trial court(see, People v. Ramkisson, 245 A.D.2d 393, 666 N.Y.S.2d 447).In any event, read as a whole, the court's Allen charge was proper (see, People v. Cowen, 249 A.D.2d 560, 672 N.Y.S.2d 138).

The defendant's remaining arguments are either unpreserved for appellate review (see, CPL 470.05 ) or without merit (see, People v. Payne, 88 N.Y.2d 172, 643 N.Y.S.2d 949, 666 N.E.2d 542;People v. Kovzelove, 242 A.D.2d 477, 662 N.Y.S.2d 119;People v. Campbell, 228 A.D.2d 689, 646 N.Y.S.2d 129;People v. Okafore, 72 N.Y.2d 81, 531 N.Y.S.2d 762, 527 N.E.2d 245;People v. Satterfield, 66 N.Y.2d 796, 497 N.Y.S.2d 903, 488 N.E.2d 834;People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

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