People v. Cruz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Appeal by the defendant from a *213judgment of the Supreme Court, Kings County (Aiello, J.), rendered May 3, 1988, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
It is well settled that a claim that a jury verdict is repugnant is not preserved for appellate review unless an objection is raised before the jurors are discharged, at which time it is still possible to resubmit the matter to them (People v Alfaro, 66 NY2d 985, 987; People v Hill, 161 AD2d 728). Because the defendant did not raise a claim of repugnancy…
2Cases cited6 opinions
- People v. TuckerNew York Court of Appeals · 1981
- People v. AlfaroNew York Court of Appeals · 1985
- People v. GarciaAppellate Division of the Supreme Court of the State of New York · 1980
- People v. GarciaNew York Court of Appeals · 1980
- People v. HudsonAppellate Division of the Supreme Court of the State of New York · 1990
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People v. ArizaAppellate Division of the Supreme Court of the State of New York · 2010
- People v. CarverAppellate Division of the Supreme Court of the State of New York · 1992
- People v. MosesAppellate Division of the Supreme Court of the State of New York · 2007
- People v. McDanielAppellate Division of the Supreme Court of the State of New York · 2011
- People v. CabreraAppellate Division of the Supreme Court of the State of New York · 1995
2 more not listed; retrieve them via the Exa API.