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PEOPLE v. AFRIKA

278 A.D.2d 942 (2000)

718 N.Y.S.2d 675

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NACHE AFRIKA, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided December 27, 2000.

Judgment unanimously affirmed.

Memorandum:

We reject the contention of defendant that he was denied a fair trial because County Court's Allen charge coerced the jury to reach a verdict (see, Allen v United States, 164 U.S. 492). The record establishes that the court advised the parties that it would not give an Allen charge because the note from the jury did not indicate that the jury was deadlocked. The...

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