From Casetext: Smarter Legal Research

People v. Ellerbee

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 430 (N.Y. App. Div. 1997)

Opinion

May 5, 1997

Appeal from the Supreme Court, Kings County (J. Goldberg, J.).


Ordered that the judgment is affirmed.

The defendant's claim that the jury's verdict is repugnant because it acquitted him of criminal possession of a weapon in the second degree is unpreserved for appellate review since the defendant did not raise this issue prior to the discharge of the jury (see, People v. Satloff, 56 N.Y.2d 745; People v. Taylor, 138 A.D.2d 427; People v. Ahmedoff, 131 A.D.2d 683). In any event, after reviewing the court's instructions to the jury as to both the robbery counts and the weapon possession count, we find that the verdict is not inherently repugnant (see, People v. Goodfriend, 64 N.Y.2d 695; People v. Tucker, 55 N.Y.2d 1; People v Taylor, supra; People v. Cobb, 137 A.D.2d 700; People v. Ellis, 120 A.D.2d 743; People v. Alexander, 91 A.D.2d 666).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

Mangano, P.J., Rosenblatt, Santucci and Joy, JJ., concur.


Summaries of

People v. Ellerbee

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 430 (N.Y. App. Div. 1997)
Case details for

People v. Ellerbee

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KAREEM ELLERBEE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 5, 1997

Citations

239 A.D.2d 430 (N.Y. App. Div. 1997)
658 N.Y.S.2d 890

Citing Cases

People v. Palamino

The challenged comments in the prosecutor's opening and closing statements did not constitute reversible…

People v. Johnson

The record establishes that the declarant was not aware at the time that the statements were made that they…