Legal Opinion

People v. Gonzalez

Appellate Division of the Supreme Court of the State of New York

Decided March 21, 1988PublishedCited by 4 opinions

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

  1. People v. TuckerNew York Court of Appeals · 1981
  2. People v. HamptonNew York Court of Appeals · 1984
  3. People v. MontgomeryAppellate Division of the Supreme Court of the State of New York · 1986

3Cited by4 opinions

  1. People v. Andre A.Appellate Division of the Supreme Court of the State of New York · 1989
  2. People v. LadsonAppellate Division of the Supreme Court of the State of New York · 1994
  3. People v. MateoAppellate Division of the Supreme Court of the State of New York · 2021
  4. People v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1989

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