PEOPLE v. CARBONELL


40 N.Y.2d 948 (1976)

The People of the State of New York, Respondent, v. Frederick E. Carbonell, Appellant.

Court of Appeals of the State of New York.

Decided November 18, 1976.


Attorney(s) appearing for the Case

Joel A. Brenner and Martin S. Dorfman for appellant.

Eugene Gold, District Attorney (Steven T. Wax and Eugene H. Scher of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

Order of the Appellate Division reversed, the judgment of conviction vacated and the indictment dismissed. The jury verdict was internally self-contradictory both logically and pursuant to the charge of the court. By acquitting defendant of all the larceny counts the verdict of guilty of robbery in the third degree was contradicted, since the robbery could not have occurred unless, as an essential element of the crime, there had been a larceny in some...

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