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PEOPLE v. GONZALEZ

138 A.D.2d 623 (1988)

The People of the State of New York, Respondent, v. Hector Gonzalez, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 21, 1988

Ordered that the judgment is affirmed.

A verdict on a multiple-count indictment is repugnant when a defendant is acquitted on one count which contains an essential element of another count on which he is convicted, thus negating a necessary element of the latter count (see, People v Hampton, 61 N.Y.2d 963; People v Tucker, 55 N.Y.2d 1

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