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THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT, v. TERRY JOHNSON, DEFENDANT-APPELLANT.

Considered as a whole, the court's charge on how the jury should conduct its deliberations was sufficiently neutral, balanced and noncoercive (People v. Gonzalez, 262 A.D.2d 211, lv denied 93 N.Y.2d 1018), and never "minimized the importance of careful deliberations" (People v. Brown, A.D.2D , 714 N.Y.S.2d 202, 203), although the preferable course would be to adhere to the standardized Criminal Jury Instructions.

We perceive no basis for reduction of sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION , FIRST DEPARTMENT.

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PEOPLE v. JOHNSON
(Feb 16, 2001)