Legal Opinion
People v. Tharpe
Appellate Division of the Supreme Court of the State of New York
Decided February 7, 2012PublishedCited by 5 opinions
1Opinion of the Court
*702The defendant’s contention that the verdict was repugnant because the jury found her guilty of falsifying business records in the first degree while acquitting her of grand larceny in the second degree is unpreserved for appellate review, as she failed to raise this issue before the jury was discharged (see People v Alfaro, 66 NY2d 985, 987 [1985]; People u Vazquez, 82 AD3d 1273, 1275 [2011]; People v Ariza, 77 AD3d 844, 845-846 [2010]). In any event, viewing the elements of the offenses as charged to the jury (see People v Tucker, 55 NY2d 1, 7 [1981]), the acquittal on the count of grand…
2Cases cited5 opinions
- People v. RomeroNew York Court of Appeals · 2006
- People v. TuckerNew York Court of Appeals · 1981
- People v. AlfaroNew York Court of Appeals · 1985
- People v. ArizaAppellate Division of the Supreme Court of the State of New York · 2010
- People v. CraneAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by5 opinions
- People v. ShamsiddeenAppellate Division of the Supreme Court of the State of New York · 2012
- People v. SidberryAppellate Division of the Supreme Court of the State of New York · 2012
- People v. ShamsiddeenAppellate Division of the Supreme Court of the State of New York · 2012
- People v. SidberryAppellate Division of the Supreme Court of the State of New York · 2012
- People v. WrightAppellate Division of the Supreme Court of the State of New York · 2018