People v. Lynch

The issue of the alleged repugnancy of the jury’s verdict is not preserved for appellate review as a matter of law since it was not raised prior to the jury’s discharge (see, People v Alfaro, 66 NY2d 985). In any event, based upon the jury charge, the defendant’s acquittal of burglary in the second degree did not negate an element of grand larceny in the third degree, of which the defendant was convicted (see, People v Tucker, 55 NY2d 1, rearg denied 55 NY2d 1039; People v Arcarola, 135 AD2d 545), and the claim of repugnancy is meritless.

Viewing the evidence in the light most favorable to the…