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THE PEOPLE, ETC., RESPONDENT, v. CORY SPEARS, APPELLANT. (IND. NO. 5269/98)

DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the trial court did not err in accepting a partial verdict (see, People v. Mendez, 221 A.D.2d 162; People v. Andino, 210 A.D.2d 28). "Neither CPL 310.70 nor any other provision of law precludes a trial court's inquiry into whether the jury, after a substantial period of deliberation, has agreed upon a verdict" as to any of the defendants or any of the counts submitted, and in then accepting a partial verdict (People v. Mendez, supra, at 162, 163; see, People v. Bordas, 226 A.D.2d 261).

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PEOPLE v. SPEARS
(Oct 24, 2000)