18 Cited authorities

  1. Spears v. Greiner

    459 F.3d 200 (2d Cir. 2006)   Cited 284 times   1 Legal Analyses
    Finding a supplemental instruction non-coercive even though it did not include cautionary language, including because "the original charge, given to the jury earlier that day, did include cautionary language telling jurors that they had a right to stick to their arguments and stand up for their own strong opinions"
  2. People v. Tucker

    55 N.Y.2d 1 (N.Y. 1981)   Cited 598 times   3 Legal Analyses
    In Tucker, we observed that, where a repugnant verdict was the result, not of irrationality, but mercy, courts "should not... undermine the jury's role and participation by setting aside the verdict" (55 NY2d at 7).
  3. People v. Muhammad

    2011 N.Y. Slip Op. 7302 (N.Y. 2011)   Cited 182 times   1 Legal Analyses
    Stating that acquittals on weapon possession counts "did not inherently negate" the element of "intent to cause serious physical injury" of first-degree assault by means of a weapon
  4. People v. Velasco

    77 N.Y.2d 469 (N.Y. 1991)   Cited 280 times
    Holding that defendant's presence not required for charging conference in robing room attended by attorneys for both sides involving only questions of law and procedure
  5. People v. Kisoon

    2007 N.Y. Slip Op. 1194 (N.Y. 2007)   Cited 132 times
    In People v. Kisoon, 8 N.Y.3d 129, 132, 831 N.Y.S.2d 738, 739 (2007), the New York Court of Appeals considered "whether a trial court committed a mode of proceedings error when it failed to disclose... a jury note."
  6. Smalls v. Batista

    191 F.3d 272 (2d Cir. 1999)   Cited 108 times
    Holding that Allen charge was coercive after examining charge "as a part of the whole instruction, and indeed, as part of all the proceedings that were observed by the jury"
  7. People v. Aponte

    2 N.Y.3d 304 (N.Y. 2004)   Cited 39 times
    Reminding trial court "that criminal jury instructions generally are not fertile ground for innovation during trial"
  8. People v. Nesbitt

    2013 N.Y. Slip Op. 1990 (N.Y. 2013)   Cited 20 times
    In Nesbitt, defense counsel gave no defense for an assault in the first degree and did not request an instruction for a lesser included offense, later arguing to the jury that (while it should find defendant not guilty on another offense) the jury could make its own decision on the assault count, 20 N.Y.3d at 1081, 965 N.Y.S.2d at 744.
  9. People v. Mercado

    91 N.Y.2d 960 (N.Y. 1998)   Cited 32 times

    April 30, 1998 Stephen R. Mahler, for appellant. Daniel R. Wanderman, for respondent. MEMORANDUM: The order of the Appellate Division should be affirmed. On appeal, defendant assigns various claims of error arising out of a juror's initial silence when polled about the verdict. Among his remaining contentions, defendant argues that the trial court erroneously gave an "acting-in-concert" instruction in response to a note from the deliberating jury requesting further explanation of some of the crimes

  10. United States v. Baldeo

    615 F. App'x 26 (2d Cir. 2015)   Cited 12 times

    15-286-cr 08-26-2015 UNITED STATES OF AMERICA, Appellee, v. ALBERT BALDEO, AKA, Sealed Defendant 1, Defendant-Appellant. Appearing for Appellant: SUSAN C. WOLFE, Blank Rome LLP, New York, NY. Appearing for Appellee: MARTIN S. BELL, Assistant United States Attorney (Daniel C. Richenthal, Brian A. Jacobs, Assistant United States Attorneys, on the brief), for Preet Bharara, United States Attorney for the Southern District of New York, New York, NY. FOR THE COURT: Catherine O'Hagan Wolfe, Clerk SUMMARY