People v. Page

Decision Date09 July 1979
Citation393 N.E.2d 1031,47 N.Y.2d 968,419 N.Y.S.2d 958
Parties, 393 N.E.2d 1031 The PEOPLE of the State of New York, Respondent, v. Ernest PAGE, Appellant.
CourtNew York Court of Appeals Court of Appeals

David N. Goldman, New York City, for appellant.

Robert M. Morgenthau, Dist. Atty. (Benjamin H. Green and Robert M. Pitler, New York City, of counsel), for respondent.

OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division should be affirmed.

The supplemental instructions which the court delivered were essentially neutral and therefore did not seek to coerce a particular juror into accepting a particular view of the facts (see People v. Pagan, 45 N.Y.2d 725, 727, 408 N.Y.S.2d 473, 474, 380 N.E.2d 299, 300; People v. Carter, 40 N.Y.2d 933, 934, 389 N.Y.S.2d 835, 836, 358 N.E.2d 517, 518). We have examined appellant's other contentions and find them to be without merit.

COOKE, C. J., and JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER, JJ., concur.

Order affirmed in a memorandum.

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9 cases
  • People v. Velez
    • United States
    • New York Supreme Court — Appellate Division
    • 8 Mayo 1989
    ...the jury to try to continue deliberating, were not directed to a particular juror and were not coercive (see, People v. Page, 47 N.Y.2d 968, 970, 419 N.Y.S.2d 958, 393 N.E.2d 1031; People v. Pagan, 45 N.Y.2d 725, 726-727, 408 N.Y.S.2d 473, 380 N.E.2d The application by the defendant for wai......
  • People v. Cook
    • United States
    • New York Supreme Court — Appellate Division
    • 30 Septiembre 1991
    ...726, 408 N.Y.S.2d 473, 380 N.E.2d 299, quoting People v. Faber, 199 N.Y. 256, 259, 92 N.E. 674; see also, People v. Page, 47 N.Y.2d 968, 970, 419 N.Y.S.2d 958, 393 N.E.2d 1031, cert. denied 444 U.S. 936, 100 S.Ct. 285, 62 L.Ed.2d 195). It is improper for a Trial Judge to "prod jurors throug......
  • People v. Eley
    • United States
    • New York Supreme Court — Appellate Division
    • 9 Junio 1986
    ...at the jurors in general, and did not coerce the jurors to reach a certain verdict, or any verdict (see, People v. Page, 47 N.Y.2d 968, 970, 419 N.Y.S.2d 958, 393 N.E.2d 1031, cert. denied 444 U.S. 936, 100 S.Ct. 285, 62 L.Ed.2d 195; People v. Pagan, 45 N.Y.2d 725, 408 N.Y.S.2d 473, 380 N.E......
  • People v. Garcia
    • United States
    • New York Supreme Court — Appellate Division
    • 20 Enero 1987
    ...jury announced a deadlock is both unpreserved for appellate review (see, CPL 470.05[2] ) and without merit (see, People v. Page, 47 N.Y.2d 968, 419 N.Y.S.2d 958, 393 N.E.2d 1031, cert. denied, 444 U.S. 936, 100 S.Ct. 285, 62 L.Ed.2d We have examined the defendant's remaining contentions and......
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