New York Court of Appeals May 11, 2004 (People v. Aponte)

OPINION OF THE COURT

Ciparick, J.

The question presented by this appeal is whether Supreme Court’s supplemental instruction to a deadlocked jury was unbalanced and coercive so as to deprive defendant of a fair trial. We conclude that it was.

Defendant was charged in a single-count indictment with criminal sale of a controlled substance in the third degree (Penal Law § 220.