People v. Burns

Appeal by the People from an order of the Supreme Court, Kings County (Hayes, J.), dated June 26,1979, which granted defendants’ motions to set aside jury verdicts convicting them each of sexual abuse in the first degree. Order reversed, on the law, defendants’ motions denied, verdicts reinstated and matter remitted to the Supreme Court, Kings County, for sentencing. The defendants’ postverdict motions, pursuant to CPL 330.30 (subd 1), were based upon the alleged repugnancy of the verdicts, which acquitted the defendants of the counts of rape in the first degree (Penal Law, § 130.35, subd 1)…