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THE PEOPLE, ETC., RESPONDENT, v. WAYNE PETTY, APPELLANT.

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the trial court's decision to give a second Allen charge (see, Allen v. United States, 164 U.S. 492) resulted in a coerced verdict is unpreserved for appellate review since defense counsel did not object to the second Allen charge (see, CPL 470.05; People v. Marero, 208 A.D.2d 769). In any event, both Allen charges were balanced and not coercive (see, People v. Pagan, 45 N.Y.2d 725; People v. Sims, 226 A.D.2d 564).

Moreover, the determination as to the length of time jurors will be required to deliberate necessarily rests in the broad discretion of the trial court (see, Matter of Plummer v. Rothwax, 63 N.Y.2d 243, 250; People v. Caballero, 242 A.D.2d 337, 338; People v. Johnson, 224 A.D.2d 635). There is no rigid mechanical formula by which such a decision can be evaluated (see, Matter of Plummer v. Rothwax, supra). Under the facts and circumstances of this case, the trial court providently exercised its discretion (see, People v. Adams, 123 A.D.2d 355).

The defendant's remaining contentions are without merit.

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PEOPLE v. PETTY
(Apr 5, 2001)