Legal Opinion

People v. Cruz

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

Decided September 13, 2017No. 2016-00431PublishedCited by 1 opinion

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Neary, J.), rendered December 23, 2015, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the verdict was repugnant because the jury found him guilty of assault in the second degree but acquitted him of criminal possession of a weapon in third degree is unpreserved for appellate review, as he failed to raise the issue before discharge of the jury (see People v Alfaro, 66 NY2d 985, 987 [1985]; People v…

2Cases cited17 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. DanielsonNew York Court of Appeals · 2007
  3. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  4. People v. RomeroNew York Court of Appeals · 2006
  5. People v. MateoNew York Court of Appeals · 2004

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3Cited by1 opinion

  1. People v. SerranoAppellate Division of the Supreme Court of the State of New York · 2021

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