Since the verdict convicting defendant of assault in the first degree and acquitting him of criminal possession of a weapon in the third degree was not repugnant, the court properly denied defendant's request to resubmit the case to the jury and accepted the verdict. A verdict is repugnant "only when it is inherently inconsistent when viewed in light of the elements of each crime as charged to the jury" (People v Tucker,
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PEOPLE v. SACKES
11 A.D.3d 364 (2004)
783 N.Y.S.2d 369
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARTHUR SACKES, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
October 21, 2004.
October 21, 2004.
Appellate Division of the Supreme Court of the State of New York, First Department.
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