Opinion
Submitted May 4, 2001
May 29, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chambers, J.), rendered July 8, 1999, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Rachel Altstein of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen of counsel), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., SONDRA MILLER, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
ORDERED that the judgment is affirmed.
The defendant's claim that the trial court's Allen charge (Allen v. United States, 164 U.S. 492) coerced the jury into returning a verdict after they had reported a deadlock is unpreserved for appellate review. The defense counsel neither requested a specific charge nor objected to the charge as given (see, People v. Perdomo, 204 A.D.2d 358). In any event, the charge, which stressed the importance of reaching a verdict without forcing any juror to yield a conscientious belief, was proper when taken as a whole (see, People v. Alvarez, 86 N.Y.2d 761; People v. Davis, 259 A.D.2d 627).
KRAUSMAN, J.P., S. MILLER, McGINITY and SCHMIDT, JJ., concur.