Legal Opinion
People v. Alfaro
New York Court of Appeals
Decided December 19, 1985PublishedCited by 337 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
The defendant’s contention that the verdict is repugnant was not preserved at trial and therefore may not be considered on appeal.
As a general rule alleged errors must be raised at a time when they can be corrected at trial. Thus in jury cases any claim that the verdict is repugnant must be made before the jury is discharged (People v Satloff, 56 NY2d 745; People v Stahl, 53 NY2d 1048). This permits the court to resubmit the matter to the jury to obtain a consistent verdict, even if that may require changing…
2Cases cited6 opinions
- People v. TuckerNew York Court of Appeals · 1981
- People v. SatloffNew York Court of Appeals · 1982
- People v. CarterNew York Court of Appeals · 1984
- People v. StahlNew York Court of Appeals · 1981
- People v. RobinsonNew York Court of Appeals · 1978
1 more not listed; retrieve them via the Exa API.
3Cited by337 opinions
- People v. VargasAppellate Division of the Supreme Court of the State of New York · 2010
- People v. GriffinAppellate Division of the Supreme Court of the State of New York · 2008
- People v. RomanAppellate Division of the Supreme Court of the State of New York · 2011
- People v. McCotteryAppellate Division of the Supreme Court of the State of New York · 2011
- People v. LancasterAppellate Division of the Supreme Court of the State of New York · 2016
332 more not listed; retrieve them via the Exa API.