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PEOPLE v. WILLIAMS

255 A.D.2d 408 (1998)

679 N.Y.S.2d 852

The People of the State of New York, Respondent, v. Jeffrey Williams, Appellant

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

November 9, 1998

Ordered that the judgment is affirmed.

In reviewing a claim that a verdict is repugnant, "[t]he critical concern is that an individual not be convicted for a crime on which the jury has actually found that the defendant did not commit an essential element, whether it be one element or all" (People v Tucker, 55 N.Y.2d 1, 6). That concern is also implicated where a jury was unable to unanimously agree that the defendant committed...

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