From Casetext: Smarter Legal Research

People v. Williams

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1994
210 A.D.2d 966 (N.Y. App. Div. 1994)

Opinion

December 23, 1994

Appeal from the Supreme Court, Monroe County, Bergin, J.

Present — Pine, J.P., Lawton, Fallon, Davis and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of two counts of sodomy in the first degree and one count of sexual abuse in the first degree, defendant contends that reversal in the interest of justice is warranted because of the cumulative effect of three alleged errors that occurred during trial. That contention lacks merit. The record establishes that Supreme Court's Allen charge (see, Allen v United States, 164 U.S. 492, 501-502), when read in its entirety, was not coercive but merely encouraged the jurors to continue deliberations with open minds in a further effort to reach a verdict (see, People v Rodriguez, 71 N.Y.2d 214, 221; People v Pagan, 45 N.Y.2d 725, 726; People v White, 166 A.D.2d 910, lv denied 76 N.Y.2d 992). The record further establishes that the court's charge regarding the assessment of the credibility of the witnesses did not impermissibly shift the burden of proof to defendant. Lastly, defendant's contention that the testimony of the complainant was bolstered lacks merit.


Summaries of

People v. Williams

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 23, 1994
210 A.D.2d 966 (N.Y. App. Div. 1994)
Case details for

People v. Williams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY S. WILLIAMS…

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

Date published: Dec 23, 1994

Citations

210 A.D.2d 966 (N.Y. App. Div. 1994)
621 N.Y.S.2d 1023

Citing Cases

People v. Canty

We reject the contention of defendant that County Court's supplemental instruction to the jury was coercive (…

People v. Abston

tionally, the court's curative instruction minimized any prejudice caused by the prosecutor's comments ( see,…