People v. Alicea, 272 A.D.2d 241 (N.Y. App. Div. 1st Dep't 2000). · Go Syfert
People v. Alicea, 272 A.D.2d 241 (N.Y. App. Div. 1st Dep't 2000). Cases Citing This Book View Copy Cite
3 citation events across 1 distinct court.
Cited for
At page 242 Affirming conviction and addressing jury deliberation issues2 citing cases1 listed here
  • People v. Fields, 115 A.D.3d 673 (N.Y. App. Div. 2d Dep't 2014).published 2 cites
    People v Hecker, 15 NY3d 625 [2010], cert denied sub nom., Black v New York, 563 US —, 131 S Ct 2117 [2011]; People v Alicea, 272 AD2d 241, 242 [2000]; People v Torres, 174 AD2d 586, 586-587 [1991]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Gil Alicea
Appellate Division of the Supreme Court of the State of New York.
May 25, 2000.
Published opinion
272 A.D.2d 241
2000 N.Y. App. Div. LEXIS 5883
Cited by 3 opinions  |  Published

—Judgments, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered November[*242] 21, 1996, convicting defendant, after a jury trial, of robbery in the first degree and burglary in the second degree, and, upon his plea of guilty, of robbery in the first degree, sentencing him to three concurrent terms of 7V2 to 15 years, unanimously affirmed.

With the consent of defendant and his counsel, the court properly responded to a note from the deliberating jury. Delegation of a ministerial matter, and the instruction to the jury of the fact that no transcript of the trial was available, did not constitute an improper delegation of judicial authority and was not a “mode of proceedings” error (compare, People v Bonaparte, 78 NY2d 26, with People v Ahmed, 66 NY2d 307).

Defendant’s challenge to the court’s Allen charge is unpreserved for appellate review and we decline to review this claim in the interest of justice. Were we to review defendant’s claim, we would reject it. We note, however, that defendant requested the second Allen charge and declined the court’s offer of a mistrial. Concur — Sullivan, P. J., Rosenberger, Williams, Wallach and Friedman, JJ.