PEOPLE v. TUCKER


55 N.Y.2d 1 (1981)

The People of the State of New York, Respondent, v. Samuel Tucker, Also Known as Henry Perry, Appellant.

Court of Appeals of the State of New York.

Decided December 22, 1981.


Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Thomas J. Fox of counsel), for appellant.

Donald O. Chesworth, Jr., District Attorney (Melvin Bressler and David L. Pogue of counsel), for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


Chief Judge COOKE.

When there is a claim that repugnant jury verdicts have been rendered in response to a multiple-count indictment, a verdict as to a particular count shall be set aside only when it is inherently inconsistent when viewed in light of the elements of each crime as charged to the jury. Review of the entire record in an attempt to divine the jury's collective mental process of weighing the evidence...

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