People v. Jordan
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously modified on the law and as modified affirmed and matter remitted to Oneida County Court for resentencing, in accordance with the following Memorandum: Defendant’s conviction for assault *650in the first degree was not repugnant to his acquittal of criminal possession of a weapon in the third degree. Viewing the elements of each offense, as charged by the court (see, People v Loughlin, 76 NY2d 804; People v Green, 71 NY2d 1006; People v Tucker, 55 NY2d 1, rearg denied 55 NY2d 1039), the jury could have found that defendant’s initial possession of the knife was without the…
2Cases cited10 opinions
- People v. TaranovichNew York Court of Appeals · 1975
- People v. TuckerNew York Court of Appeals · 1981
- People v. OlahNew York Court of Appeals · 1949
- People v. LoughlinNew York Court of Appeals · 1990
- People v. GreenNew York Court of Appeals · 1988
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3Cited by6 opinions
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2007
- People v. AfrikaAppellate Division of the Supreme Court of the State of New York · 2002
- People v. DetwilerAppellate Division of the Supreme Court of the State of New York · 1992
- People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 1992
- People v. PeguesAppellate Division of the Supreme Court of the State of New York · 1991
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