People v. Dineen

After the jury announced its verdict, but before the jury was dismissed, defense counsel argued that the verdict was repugnant because the defendant was acquitted of the first and second counts of assault in the first degree (Penal Law § 120.10 [1]), but was convicted under the third and fourth counts of assault in the second degree (Penal Law § 120.05 [1]). The defendant also was convicted under the fifth and sixth counts of assault in the second degree (Penal Law § 120.05 [2]) and the seventh count of criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [2]).

A colloquy…