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PEOPLE v. JONES

Appellate Division of the Supreme Court of New York, Second Department.
May 29, 2001
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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.