PEOPLE v. JOHNSON


14 A.D.3d 460 (2005)

788 N.Y.S.2d 379

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL JOHNSON, Appellant.

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

January 27, 2005.


At a previous trial, the jury convicted defendant of manslaughter in the second degree and gang assault in the first degree, acquitting him of manslaughter in the first degree. Defendant protested that conviction for first-degree gang assault and acquittal for first-degree manslaughter represent an irreconcilable inconsistency (see People v Gallagher, 69 N.Y.2d 525, 529-530 [1987]) because both require intent to cause serious physical...

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