People v. Hu-Fu Lin

OPINION OF THE COURT

Michael R. Juviler, J.

This is a written version of an oral decision rendered from *690the Bench after reargument on a motion to dismiss an indictment.1 The question presented is whether the principles of repugnancy applicable to verdicts by petit juries apply to actions by a Grand Jury. The principles of repugnancy provide that an inherently inconsistent or self-contradictory verdict by a jury, such as conviction of a crime that includes a lesser crime for which the jury has acquitted the defendant, must be set aside if the defendant objected before the jury was discharged.…