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PEOPLE v. ORTIZ

19 A.D.3d 281 (2005)

797 N.Y.S.2d 77

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD ORTIZ, Appellant.

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

June 23, 2005.

The court properly declined to resubmit the case to the jury after it returned a verdict acquitting defendant of first-degree rape but convicting him of second-degree rape and sexual abuse in the first degree. Defendant's repugnancy claim is unavailing since it is based on an analysis of the trial testimony rather than the court's charge (see People v Tucker, 55 N.Y.2d 1, 8 [1981]). Defendant was charged with committing two different...

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