People v. Stovall

Judgment unanimously affirmed. Memorandum: Defendant contends that the verdict convicting him of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]) and acquitting him of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]) is repugnant. We disagree. A verdict is repugnant “only in those instances where acquittal on one crime as charged to the jury is conclusive as to a necessary element of the other crime, as charged, for which the guilty verdict was rendered” (People v Tucker, 55 NY2d 1, 7, rearg denied 55 NY2d 1039).…