People v Williams

People v Williams 2007 NY Slip Op 07506 [44 AD3d 403] October 11, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 12, 2007

The People of the State of New York, Respondent,
v
Anthony Williams, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (David Crow of counsel), and Cahill Gordon & Reindel LLP, New York (Kim A. Smith of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Jason Berland of counsel), for respondent.

Judgment, Supreme Court, New York County (Philip M. Grella, J.), rendered November 4, 2004, convicting defendant, after a jury trial, of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant failed to preserve his present challenge to the language employed by the court in its Allen charge (Allen v United States, 164 US 492 [1896]), and we decline to review it in the interest of justice. In any event, the charge was neither imbalanced nor coercive (see People v Alvarez, 86 NY2d 761, 763 [1995]). Concur—Andrias, J.P., Friedman, Williams, Buckley and Sweeny, JJ.