From Casetext: Smarter Legal Research

People v. Gonzalez

Appellate Division of the Supreme Court of New York, Second Department
Mar 21, 1988
138 A.D.2d 623 (N.Y. App. Div. 1988)

Opinion

March 21, 1988

Appeal from the Supreme Court, Queens County (O'Dwyer, J.).


Ordered that the judgment is affirmed.

A verdict on a multiple-count indictment is repugnant when a defendant is acquitted on one count which contains an essential element of another count on which he is convicted, thus negating a necessary element of the latter count (see, People v. Hampton, 61 N.Y.2d 963; People v. Tucker, 55 N.Y.2d 1, rearg denied 55 N.Y.2d 1039). Inconsistencies in a verdict, whether rendered by a Judge or a jury, do not constitute grounds for reversal if the verdict is not repugnant as a matter of law (see, People v. Montgomery, 116 A.D.2d 669, 670).

In this case, the court's finding that the defendant, while acting in concert, did not cause physical injury to the complainant while possessing a dangerous instrumentality and intending to use it unlawfully is neither repugnant nor inconsistent (see, People v. Hampton, supra; People v. Tucker, supra). The charge of criminal possession of a weapon merely required possession and unlawful intent and did not require that the intended crime be carried out. The fact that the trial court found that the People did not prove the assault charge beyond a reasonable doubt did not negate any element of the weapons possession charge. Mangano, J.P., Bracken, Kooper and Spatt, JJ., concur.


Summaries of

People v. Gonzalez

Appellate Division of the Supreme Court of New York, Second Department
Mar 21, 1988
138 A.D.2d 623 (N.Y. App. Div. 1988)
Case details for

People v. Gonzalez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HECTOR GONZALEZ…

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

Date published: Mar 21, 1988

Citations

138 A.D.2d 623 (N.Y. App. Div. 1988)

Citing Cases

People v. McDonald

The defendant's related claim that the jury verdict was repugnant is not preserved for appellate review. In…

People v. Mateo

In any event, " ‘[a] conviction will be reversed [as repugnant] only in those instances where acquittal on…