New York Court of Appeals, 1995

People v. Alvarez

New York Court of Appeals · Decided July 6, 1995 · Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick Concur

655 N.E.2d 171; 86 N.Y.2d 761; 631 N.Y.S.2d 130; 1995 N.Y. LEXIS 2235 (North Eastern Reporter, Second Series)

Cases that cite this one

30 later published cases cite this decision. The 25 that cite it most often are listed here.

People v. Spencer (Appellate Division of the Supreme Court of New York 2016)
WILSON, NJERA A., PEOPLE v (Appellate Division of the Supreme Court of New York 2013)
People v. Wilson (Appellate Division of the Supreme Court of New York 2013)
People v. Wilson (Appellate Division of the Supreme Court of New York 2013)
People v. Simonetta (Appellate Division of the Supreme Court of New York 2012)
People v. Hinton (Appellate Division of the Supreme Court of New York 2009)
People v. Pomales (Appellate Division of the Supreme Court of New York 2008)
People v. Wallace (Appellate Division of the Supreme Court of New York 2008)
People v. Williams (Appellate Division of the Supreme Court of New York 2007)
People v. Frary (Appellate Division of the Supreme Court of New York 2006)
People v. Aponte (Appellate Division of the Supreme Court of New York 2003)
People v. Williams (Appellate Division of the Supreme Court of New York 2003)
People v. Baher (Appellate Division of the Supreme Court of New York 2003)
People v. Miller (Appellate Division of the Supreme Court of New York 2002)
People v. Shortridge (Appellate Division of the Supreme Court of New York 2002)
People v. Jolly (Appellate Division of the Supreme Court of New York 2001)
People v. Jones (Appellate Division of the Supreme Court of New York 2001)
People v. Tavarez (Appellate Division of the Supreme Court of New York 2001)
People v. Board (Appellate Division of the Supreme Court of New York 2000)
People v. Harrington (Appellate Division of the Supreme Court of New York 1999)
People v. Sala (Appellate Division of the Supreme Court of New York 1998)
People v. Carter (Appellate Division of the Supreme Court of New York 1998)
People v. Williams (Appellate Division of the Supreme Court of New York 1998)
People v. Baez (Appellate Division of the Supreme Court of New York 1998)
People v. Kendrick (Appellate Division of the Supreme Court of New York 1998)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. After a jury trial, defendant was convicted of criminal possession and sale of a controlled substance in the third degree. On appeal, defendant challenged the court’s Allen charge to the jury as being improper. The Appellate Division rejected defendant’s contention.

*763 The record indicates that the Allen charge when taken as a whole was proper. The initial charge stressed the importance of reaching a verdict without forcing any juror to yield a conscientious belief (see, People v Ali, 65 AD2d 513, 514, affd 47 NY2d 920). While noting the jurors must accommodate inconsistencies in what other jurors may urge and attempt to reconcile the testimony, the court urged the jurors to "stick to [their] guns” if they believed in the "righteousness” of their positions. Moreover, any lack of clarity that could have arisen from the initial charge was dispelled by the court’s supplemental instruction.

Defendant’s remaining contentions are unpreserved.

Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.