People v. McRae

Decision Date01 November 1999
Citation696 N.Y.S.2d 903
PartiesThe PEOPLE, etc., respondent, v. Shallicke McRAE, a/k/a Yuhura McCray, appellant.
CourtNew York Supreme Court — Appellate Division

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).

MANGANO, P.J., O'BRIEN, RITTER, and SCHMIDT, JJ., concur.

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