Legal Opinion

People v. Bennette

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

Decided November 14, 2005PublishedCited by 3 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blackburne, J.), rendered February 25, 2002, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the jury verdict finding him guilty of assault in the second degree and not guilty of criminal possession of a weapon in the fourth degree was repugnant. This contention is unpreserved for appellate review since the defendant’s counsel failed to raise the issue before the discharge of the jury (see People v Satloff, 56…

2Cases cited5 opinions

  1. People v. TuckerNew York Court of Appeals · 1981
  2. People v. SatloffNew York Court of Appeals · 1982
  3. People v. SmithAppellate Division of the Supreme Court of the State of New York · 1997
  4. People v. HollowayAppellate Division of the Supreme Court of the State of New York · 1998
  5. People v. SalazarAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by3 opinions

  1. People v. MuhammadNew York Court of Appeals · 2011
  2. People v. MosesAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. RomgobindAppellate Division of the Supreme Court of the State of New York · 2007

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