People v. Bordonaba

The defendant renews a motion for a directed verdict of acquittal, pursuant to section 410 of the Code of Criminal Procedure, notwithstanding the verdict of a jury which found him guilty of the crime of assault in the third degree. This court is urged to acquit the defendant on the ground that the jury’s verdict, which found him guilty of assault in the third degree, was repugnant to its previously announced verdict, which found him not guilty of assault in the second degree and the lesser included crime of assault in the third degree. The defendant cites the case of People v. Bullís (30 A D…