People v. Alvarez, 655 N.E.2d 171 (NY 1995). · Go Syfert
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People v. Alvarez, 655 N.E.2d 171 (NY 1995). Cases Citing This Book View Copy Cite
33 citation events (20 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Spencer (nyappdiv, 2016-01-26)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Spencer (2×)
N.Y. App. Div. · 2016 · confidence medium
None of her concerns had to do with fear about her personal safety ( see People v Ward , 129 AD3d 492, 493-494 [1st Dept 2015] [juror afraid of reprisal from defendant's accomplices], lv denied 26 ny3d 936 [2015]), nor did she express any concerns about feeling coerced by her fellow jurors to vote in any particular way ( see People v Alvarez , 86 NY2d 761, 763 [1995]).
discussed Cited as authority (rule) People v. Wilson
N.Y. App. Div. · 2013 · confidence medium
Similarly, the court’s Allen charge and its instructions on interested witnesses and the failure to testify were proper (see People v Alvarez, 86 NY2d 761, 763 [1995]; see generally People v Bell, 38 NY2d 116, 120 [1975]).
discussed Cited as authority (rule) People v. Wilson
N.Y. App. Div. · 2013 · confidence medium
Similarly, the court’s Allen charge and its instructions on interested witnesses and the failure to testify were proper (see People v Alvarez, 86 NY2d 761, 763 [1995]; see generally People v Bell, 38 NY2d 116, 120 [1975]).
discussed Cited as authority (rule) People v. Simonetta
N.Y. App. Div. · 2012 · confidence medium
In any event, were we to consider the issue, we would find that the charge as a whole was balanced and proper rather than coercive (see People v Alvarez, 86 NY2d 761, 763 [1995]; People v Ford, 78 NY2d 878, 880 [1991]; People v Rich, 78 AD3d 1200, 1201 [2010], lv denied 17 NY3d 799 [2011]; People v Price, 188 AD2d 681, 682 [1992], lv denied 81 NY2d 891 [1993]).
cited Cited as authority (rule) People v. Hinton
N.Y. App. Div. · 2009 · confidence medium
As an alternative holding, we also reject it on the merits (see People v Alvarez, 86 NY2d 761, 763 [1995]).
cited Cited as authority (rule) People v. Wallace
N.Y. App. Div. · 2008 · confidence medium
Thus, the court’s instructions were not coercive or prejudicial to defendant (see People v Alvarez, 86 NY2d 761, 763 [1995]; People v Williams, 306 AD2d 691, 693 [2003], lv denied 1 NY3d 582 [2003]).
cited Cited as authority (rule) People v. Pomales
N.Y. App. Div. · 2008 · confidence medium
Were we to consider the issue, we would find that the Allen charge as a whole was proper (see People v Alvarez, 86 NY2d 761, 763 [1995]).
cited Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2007 · confidence medium
In any event, the charge was neither imbalanced nor coercive (see People v Alvarez, 86 NY2d 761, 763 [1995]).
cited Cited as authority (rule) People v. Frary
N.Y. App. Div. · 2006 · confidence medium
In any event, examination of the whole charge clearly shows it to be proper (see People v Alvarez, 86 NY2d 761, 763 [1995]).
cited Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2003 · confidence medium
Taken as a whole, the charge was proper and cannot be considered coercive or prejudicial to defendant (see People v Alvarez, 86 NY2d 761, 763 [1995]; People v Board, 268 AD2d 795, 797 [2000]).
discussed Cited as authority (rule) People v. Aponte
N.Y. App. Div. · 2003 · confidence medium
In this case, the trial court’s supplementary instructions failed to inform the jurors that, while they each should be open to considering the views of the others, no juror should feel compelled to abandon conscientiously held beliefs (People v Alvarez, 86 NY2d 761, 763 [1995]; People v Ali, 65 AD2d 513 , 514 [1978], affd 47 NY2d 920 [1979]; see also People v Nunez, 256 AD2d 192 [1998], lv denied 93 NY2d 975 [1999]).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Jose Alvarez, Appellant
New York Court of Appeals.
Jul 6, 1995.
655 N.E.2d 171
APPEARANCES OF COUNSEL, Karen M. Kalikow, New York City, and Daniel L. Greenberg for appellant., Robert T. Johnson, District Attorney of Bronx County, Bronx (Lisa Ellen Mudd of counsel), for respondent.
Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick Concur.
Cited by 31 opinions  |  Published

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.