People v. Townes
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Clabby, J.), rendered February 23, 1987, convicting him of criminal possession of stolen property in the first degree and unauthorized use of a vehicle in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
After the jury was charged on the law, it began its deliberations at 2:00 p.m. on January 28, 1987, and deliberations
Under the circumstances we find that the trial court did not improvidently exercise its discretion in allowing the jury to continue its deliberations (see, People v Presley, 22 AD2d 151, affd 16 NY2d 738). The record does not indicate that the Trial Judge attempted to coerce or compel the jury verdict (see, People v Sharff, 45 AD2d 666, affd 38 NY2d 751; cf., People v Carter, 40 NY2d 933; People v Perfetto, 96 AD2d 517; People v Martino, 56 AD2d 799). On the contrary, the jurors never asked to be discharged, never stated that they were tired and never indicated that an agreement would be impossible even after further deliberations. Rather, they asked the court for advice, for further instruction on the law, for the rereading of certain testimony and for additional time to deliberate (see, People v Presley, supra).
Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15 [5]). Although, the testimony introduced on behalf of the defendant conflicted
Case-law data current through December 31, 2025. Source: CourtListener bulk data.