People v Strother
2006 NY Slip Op 05205 [30 AD3d 346]
June 29, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 23, 2006


The People of the State of New York, Respondent,
v
Hassan Strother, Appellant.

[*1]Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered January 18, 2005, convicting defendant, after a jury trial, of criminal trespass in the second degree, and sentencing him to a term of one year, unanimously affirmed.

Defendant's challenge to the trial court's Allen charge is not preserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the court's reference to the prospect of a retrial in the event that the jury did not reach a verdict, was not coercive under the circumstances (see People v Texidor, 22 AD3d 320 [2005], lv denied 5 NY3d 885 [2005]; People v Perez, 164 AD2d 839, 842-843 [1990], affd 77 NY2d 928 [1991]). Concur—Buckley, P.J., Sullivan, Williams, Catterson and McGuire, JJ.