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People v. Santos

Appellate Division of the Supreme Court of New York, Second Department
Mar 31, 1997
237 A.D.2d 634 (N.Y. App. Div. 1997)

Opinion

March 31, 1997.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ferdinand, J.), rendered March 23, 1995, convicting him of manslaughter in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Before: Rosenblatt, J. P., Thompson, Altman and Luciano, JJ.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, in view of the elements of each crime as charged to the jury, the defendant's acquittal on the count charging criminal possession of a weapon in the second degree did not necessarily negate the intent element or any other element of manslaughter in the first degree ( see, People v Tucker, 55 NY2d 1; People v Stitt, 201 AD2d 593; People v Miles, 198 AD2d 445). Thus, the verdict was not repugnant.

The defendant's remaining contentions are without merit.


Summaries of

People v. Santos

Appellate Division of the Supreme Court of New York, Second Department
Mar 31, 1997
237 A.D.2d 634 (N.Y. App. Div. 1997)
Case details for

People v. Santos

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT SANTOS…

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

Date published: Mar 31, 1997

Citations

237 A.D.2d 634 (N.Y. App. Div. 1997)
655 N.Y.S.2d 1015

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