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THE PEOPLE, ETC., respondent, v. WALLY JONES, appellant.

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.

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PEOPLE v. JONES
(May 29, 2001)