Legal Opinion

People v. Gladney

New York District Court

Decided April 10, 2003Published

1Opinion of the Court

*521OPINION OF THE COURT

Susan T. Kluewer, J.

Defendant’s presentence motion (see CPL 330.30 [1]) to set aside a jury’s verdict of guilty on the count of menacing in the second degree as repugnant to its verdict of not guilty on the count of criminal possession of a weapon in the fourth degree is denied.

Defendant originally stood accused, by two informations joined under one docket, of menacing in the second degree (Penal Law § 120.14 [1]) and criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [2]). Both charges arose out of a single incident.

According to the accusatory…

2Cases cited15 opinions

  1. People v. TuckerNew York Court of Appeals · 1981
  2. People v. AlfaroNew York Court of Appeals · 1985
  3. People v. GoodfriendNew York Court of Appeals · 1984
  4. People v. AlfaroAppellate Division of the Supreme Court of the State of New York · 1985
  5. People v. GarciaAppellate Division of the Supreme Court of the State of New York · 1993

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