PEOPLE v. JAMES


267 A.D.2d 327 (1999)

699 N.Y.S.2d 886

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. KISSHAWN JAMES, Respondent.

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

Decided December 13, 1999.


Ordered that the order is reversed, on the law, the defendant's motion is denied, the verdict is reinstated, and the matter is remitted to the Supreme Court, Kings County, for sentencing on the conviction of assault in the second degree.

After the jury was discharged, the defendant moved pursuant to CPL 330.30 (1), to set aside the verdict on the ground of repugnancy. That statute permits a trial court to set aside or modify a verdict on any ground which would require...

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