People v. Gallagher

I concur in the result reached by the majority but for different reasons. While the inconsistent verdict rationale is attractive and I am certain more readily understandable to most people, it nevertheless in my view impinges on the carefully drawn definitional integrity of our complementary legal codices, the Criminal Procedure Law and the Penal Law, especially CPL 300.30 (5) and Penal Law § 15.05 (3). Moreover, it undermines the particularly apt reasoning of our own recent cases (People v Glover, 57 NY2d 61; People v Green, 56 NY2d 427; People v Perez, 45 NY2d 204).

The facts and the issue…