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People v. Gaznabi

Appellate Division of the Supreme Court of New York, Second Department
Jul 6, 1998
252 A.D.2d 505 (N.Y. App. Div. 1998)

Opinion

July 6, 1998

Appeal from the Supreme Court, Kings County (Steinhardt, J.).


Ordered that the judgment is affirmed.

Prior to summations, the court informed the jurors that once deliberations began, there was a possibility of sequestration. After the jurors had been deliberating for a little more than three hours, and as the court was addressing them about the time of day and the length of time they had been deliberating, a juror blurted out that the jurors needed "Twenty minutes. That's all we need". The request was granted. Approximately 45 minutes later, the jurors returned with their verdict.

Contrary to the defendant's contention, the jurors' deliberations were not improperly curtailed by the court. In a situation where agreement is near, an additional short period of deliberation does not indicate coercion ( see, People v. Lewis, 71 A.D.2d 7; see also, Underwood v. Kelly, 692 F. Supp. 146, 152, affd 875 F.2d 857, cert denied 493 U.S. 837).

The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

Miller, J. P., Sullivan, Friedmann and McGinity, JJ., concur.


Summaries of

People v. Gaznabi

Appellate Division of the Supreme Court of New York, Second Department
Jul 6, 1998
252 A.D.2d 505 (N.Y. App. Div. 1998)
Case details for

People v. Gaznabi

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. MOHAMED GAZNABI…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 6, 1998

Citations

252 A.D.2d 505 (N.Y. App. Div. 1998)
675 N.Y.S.2d 564