People v. Gonzalez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (O’Dwyer, J.), rendered July 8, 1986, convicting him of criminal possession of a weapon in the fourth degree, after a nonjury trial, and imposing sentence.
*624Ordered that the judgment is affirmed.
A verdict on a multiple-count indictment is repugnant when a defendant is acquitted on one count which contains an essential element of another count on which he is convicted, thus negating a necessary element of the latter count (see, People v Hampton, 61 NY2d 963; People v Tucker, 55 NY2d 1, rearg denied 55 NY2d 1039).…
2Cases cited3 opinions
- People v. TuckerNew York Court of Appeals · 1981
- People v. HamptonNew York Court of Appeals · 1984
- People v. MontgomeryAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by4 opinions
- People v. Andre A.Appellate Division of the Supreme Court of the State of New York · 1989
- People v. LadsonAppellate Division of the Supreme Court of the State of New York · 1994
- People v. MateoAppellate Division of the Supreme Court of the State of New York · 2021
- People v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1989