People v. Boykin
Cases that cite this one
3 later published cases cite this decision.
- People v. Boykin (Appellate Division of the Supreme Court of New York 2012)
- People v. Boykin (Appellate Division of the Supreme Court of New York 2012)
- People v. Pitts (Appellate Division of the Supreme Court of New York 2008)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered September 7, 2003, convicting him of criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree (two counts), and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that the County Court’s supplemental Allen charge (see Allen v United States, 164 US 492 [1896]) was coercive, imbalanced, and impermissibly shifted the burden of proof to him by requiring jurors to provide an explanation for their respective positions. However, considered as a whole, the
Further, the charge did not impermissibly shift the burden of proof to the defendant by requiring jurors to provide an explanation for their respective positions (cf. People v Antommarchi, 80 NY2d 247, 252-253 [1992]; People v Henry, 283 AD2d 587, 588 [2001]; People v Diaz, 245 AD2d 526, 527 [1997]). Schmidt, J.P., Adams, Cozier and S. Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.