From Casetext: Smarter Legal Research

People v. Mack

Appellate Division of the Supreme Court of New York, First Department
Dec 7, 1989
156 A.D.2d 158 (N.Y. App. Div. 1989)

Opinion

December 7, 1989

Appeal from the Supreme Court, New York County (Clifford A. Scott, J.).


The court's charge, directing the jury to continue to deliberate, was not coercive. While it might have been better practice not to have mentioned that the parties incurred "considerable expense" in trying the case, the charge as a whole was neutral and the court specifically instructed the jurors that its direction that they continue to deliberate did not mean that any juror had to relinquish a conscientiously held opinion or objection. (Compare, People v Huarotte, 134 A.D.2d 166.) Of further note is the fact that the jury deliberated for approximately six hours after being given the supplemental charge before rendering its verdict.

Concur — Murphy, P.J., Kupferman, Sullivan, Carro and Rosenberger, JJ.


Summaries of

People v. Mack

Appellate Division of the Supreme Court of New York, First Department
Dec 7, 1989
156 A.D.2d 158 (N.Y. App. Div. 1989)
Case details for

People v. Mack

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROOSEVELT MACK…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 7, 1989

Citations

156 A.D.2d 158 (N.Y. App. Div. 1989)
548 N.Y.S.2d 205

Citing Cases

People v. Johnson

Although it was proper for the court to ask the jury to make another effort to reach a verdict (see, People v…

People v. Glover

, People v. Cleague, 22 N.Y.2d 363). While we do not approve of an Allen charge that reminds a jury of the…