Legal Opinion
People v. Santiago
Appellate Division of the Supreme Court of the State of New York
Decided March 29, 2011PublishedCited by 2 opinions
1Opinion of the Court
*1272Assuming that the issue has been preserved for appellate review, the defendant’s contention that the verdict was repugnant is without merit. The jury announced a verdict convicting the defendant of assault in the second degree, but a verdict never was reached with regard to the count of criminal possession of a weapon in the fourth degree (see CPL 1.20 [12]; 310.40 [1]). The marking on the verdict sheet with respect to the latter charge was “neither a verdict nor a substantive communication from the jury” (People v Boatwright, 297 AD2d 603, 604 [2002]; see People v Allums, 193 AD2d 688…
2Cases cited9 opinions
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- People v. MannAppellate Division of the Supreme Court of the State of New York · 2007
- People v. BoatwrightAppellate Division of the Supreme Court of the State of New York · 2002
- People v. HeleneseAppellate Division of the Supreme Court of the State of New York · 2010
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2002
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3Cited by2 opinions
- People v. WallaceAppellate Division of the Supreme Court of the State of New York · 2014
- People v. DriverAppellate Division of the Supreme Court of the State of New York · 2017