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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHEN DENHAM, Appellant.

Ordered that the judgment is affirmed.

We reject the defendant's contention that the court's Allen charge (see, Allen v. United States, 164 U.S. 492) was coercive. A trial court may properly discharge its responsibility by requesting the jurors to make one final effort to review the evidence and reach a verdict if they can (see, People v. Pagan, 45 N.Y.2d 725, 727). The court's Allen charge was a reasonable request for the jury to continue its deliberations (see, People v. Demery, 60 A.D.2d 606).

The defendant's remaining contentions are unpreserved for appellate review (see, CPL 470.05; People v. Kearse, 144 A.D.2d 495; People v. Udzinski, 146 A.D.2d 245), and we decline to reach these contentions in the exercise of our interest of justice jurisdiction. Kunzeman, J.P., Balletta, Miller and Ritter, JJ., concur.

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PEOPLE v. DENHAM
(Jan 13, 1992)