People v. Spears

• Citation: 715 N.Y.S.2d 640,276 A.D.2d 725
• Court: New York Supreme Court Appellate Division
• Decision Date: 23 October 2000
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>CORY SPEARS, Appellant.

276 A.D.2d 725

715 N.Y.S.2d 640

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.CORY SPEARS, Appellant.

Decided October 23, 2000.

Bracken, J.P., Thompson, S. Miller and Florio, JJ., concur.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court did not err in accepting a partial verdict (see, People v Mendez, 221 AD2d 162; People v Andino, 210 AD2d 28). "Neither CPL 310.70 nor any other provision of law, precludes a trial court's inquiry into whether the jury, after a substantial period of deliberation, has agreed upon a verdict" as to any of the defendants or any of the counts submitted, and in then accepting a partial verdict (People v Mendez, supra, at 163; see, People v Bordas, 226 AD2d 261).