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People v. McRae

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1999
266 A.D.2d 241 (N.Y. App. Div. 1999)

Summary

holding the defendant failed to preserve his contention that the court's Allen charge was coercive

Summary of this case from Vassar v. Artus

Opinion

Submitted September 14, 1999

November 1, 1999

Wallace M. Germain, Glen Cove, N.Y., for appellant.

Denis Dillonl, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Jodi A. Danzig of counsel), for respondent.

GUY JAMES MANGANO, P.J., CORNELIUS J. O'BRIEN, DAVID S. RITTER, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

Appeal by the defendant from a judgment of the County Court, Nassau County (Honorof, J.), rendered February 2, 1998, convicting him of attempted aggravated assault upon a police officer, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that the court's Allen charge (see,Allen v. United States, 164 U.S. 492 ) was coercive is not preserved for appellate review since he did not raise a specific objection on that ground before the trial court (see, People v. Ramkisson, 245 A.D.2d 393 ). In any event, read as a whole, the court's Allen charge was proper (see, People v. Cowen, 249 A.D.2d 560 ).

The defendant's remaining arguments are either unpreserved for appellate review (see, CPL 470.05[2]) or without merit (see,People v. Payne, 88 N.Y.2d 172 ; People v. Kovzelove, 242 A.D.2d 477 ;People v. Campbell, 228 A.D.2d 689 ; People v. Okafore, 72 N.Y.2d 81 ;People v. Satterfield, 66 N.Y.2d 796 ; People v. Suitte, 90 A.D.2d 80 ).

MANGANO, P.J., O'BRIEN, RITTER, and SCHMIDT, JJ., concur.


Summaries of

People v. McRae

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1999
266 A.D.2d 241 (N.Y. App. Div. 1999)

holding the defendant failed to preserve his contention that the court's Allen charge was coercive

Summary of this case from Vassar v. Artus
Case details for

People v. McRae

Case Details

Full title:The PEOPLE, etc., respondent, v. SHALLICKE McRAE, a/k/a YUHURA MCCRAY…

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

Date published: Nov 1, 1999

Citations

266 A.D.2d 241 (N.Y. App. Div. 1999)
696 N.Y.S.2d 903

Citing Cases

Vassar v. Artus

Id. (citing C.P.L. §470.05(2); People v. McRae, 266 A.D.2d 241 (2d Dep't 1999) (holding the defendant failed…

People v. Vassar

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.…