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PEOPLE v. GONZALEZ
Appellate Division of the Supreme Court of New York, First Department.
Jun 22, 1999
The court's predeliberation jury instruction, which defendant characterizes as an " Allen charge", properly addressed the general nature of the deliberative process and encouraged the jurors to discuss and share their views ( see, People v. Bowen, 134 A.D.2d 356, 356-357, lv denied 70 N.Y.2d 929). Although the court did not expressly instruct the jury, as requested by defendant, that each juror was to maintain conscientiously held beliefs, this does not warrant reversal ( People v. Ford, 78 N.Y.2d 878). Viewed as a whole, the charge was neutral, balanced and noncoercive.
Concur — Nardelli, J. P., Williams, Tom, Wallach and Andrias, JJ.
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