People v. Schettino

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Pi-taro, J.), rendered July 8, 1985, convicting him of conspiracy in the fourth degree, upon a jury verdict, and imposing sentence.

*651Judgment affirmed, and case remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).

The defendant claims that the jury’s verdict is repugnant because it acquitted him of criminal solicitation in the fourth degree. However, the record refutes the defendant’s contention that this claim was raised prior to the discharge of the jury. Therefore, the…