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People v. Lewis

Appellate Division of the Supreme Court of New York, First Department
Jan 24, 1991
169 A.D.2d 579 (N.Y. App. Div. 1991)

Opinion

January 24, 1991

Appeal from the Supreme Court, New York County (Alfred Kleiman, J.).


The discharge of the first jury was not improper. We note that the trial court had properly instructed the jury, after the first note which indicated deadlock, that it must return to deliberate, in a manner consistent with Allen v United States ( 164 U.S. 492). The jury returned for further deliberations, requested other items of evidence, which were provided, and again indicated that it was deadlocked. After individually polling each juror to ascertain whether additional time could reasonably be expected to contribute to a verdict, the court declared a mistrial.

Under the standards set forth in Matter of Plummer v Rothwax ( 63 N.Y.2d 243), we cannot conclude that the trial court abused its discretion in discharging the jury. The brevity of deliberations does not, of itself, mandate a conclusion that further deliberations would have overcome the deadlock.

We have examined defendant's remaining contentions and find them to be without merit.

Concur — Sullivan, J.P., Milonas, Rosenberger, Ross and Smith, JJ.


Summaries of

People v. Lewis

Appellate Division of the Supreme Court of New York, First Department
Jan 24, 1991
169 A.D.2d 579 (N.Y. App. Div. 1991)
Case details for

People v. Lewis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KARL LEWIS, Appellant

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

Date published: Jan 24, 1991

Citations

169 A.D.2d 579 (N.Y. App. Div. 1991)
564 N.Y.S.2d 432

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