Opinion
Argued May 30, 1979
Decided June 26, 1979
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, FLORENCE M. KELLEY, J.
Robert M. Morgenthau, District Attorney (Phyllis M. Gershon, Robert M. Pitler and Jerrold L. Neugarten of counsel), for appellant.
Neil J. Rosini and John C. Sabetta for respondent.
MEMORANDUM.
The order appealed from should be affirmed for the reasons stated in the Appellate Division memorandum. We would add that instead of giving a special supplemental charge to a deadlocked jury, the court in its initial charge might well instruct the jury as to the nature of its duties in the course of deliberation (see PJI 1:28), and then, should the jury fail to reach a verdict, repeat the instruction (see Comment N Y PJI 2d 1:100; ABA, Standards Relating to Trial By Jury, § 5.4).
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Order affirmed in a memorandum.