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PEOPLE v. CASTILLO

260 A.D.2d 643 (1999)

690 N.Y.S.2d 64

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE RAMON CASTILLO, Appellant.

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

Decided April 26, 1999.

Ordered that the judgment is affirmed.

The defendant's acquittal of the charge of criminal possession of a weapon in the second degree was not repugnant to his conviction for attempted robbery in the first degree, since the weapons count, as charged, contained an intent element not found in the robbery count (see, People v Williams, 255 A.D.2d 408; People v Ellerbee,

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