Filed Date: 5/6/2002
Status: Precedential
Modified Date: 11/1/2024
—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Katz, J.), rendered August 10, 2000, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
At trial, the jury deadlocked on the burglary count, after which the court provided a standard Allen instruction (see Allen v United States, 164 US 492). After the jury deadlocked a second time, the court gave an “enhanced” Allen charge. Soon after, the jury returned a verdict convicting the defendant of burglary in the second degree. The defendant contends that the second Allen charge was improper.
Since the defendant failed to request specific language for