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PEOPLE v. LADSON

209 A.D.2d 640 (1994)

619 N.Y.S.2d 133

The People of the State of New York, Respondent, v. Tyrone Ladson, Appellant

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

November 21, 1994

Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).

A verdict on a multiple count indictment is repugnant when a defendant is acquitted on one count which is conclusive as to a necessary element of another crime of which he is convicted, thus negating a necessary element of the latter count (see, People v Gonzalez, 138 A.D.2d 623

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