People v. Carbonell

Memorandum. Order of the Appellate Division reversed, the judgment of conviction vacated and the indictment dismissed. The jury verdict was internally self-contradictory both logically and pursuant to the charge of the court. By acquitting defendant of all the larceny counts the verdict of guilty of robbery in the third degree was contradicted, since the robbery could not have occurred unless, as an essential element of the crime, there had been a larceny in some degree (cf. People v Cole, 35 NY2d 911). As pointed out by defendant’s appellate counsel there need not have been an acquittal on…