PEOPLE v. SANTIAGO

2009-10118.

82 A.D.3d 1271 (2011)

919 N.Y.S.2d 865

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ISRAEL SANTIAGO, Appellant.

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

Decided March 29, 2011.


Ordered that the judgment is affirmed.

Assuming that the issue has been preserved for appellate review, the defendant's contention that the verdict was repugnant is without merit. The jury announced a verdict convicting the defendant of assault in the second degree, but a verdict never was reached with regard to the count of criminal possession of a weapon in the fourth degree (see CPL 1.20 [12]; 310.40 [1]). The marking on the verdict sheet with respect to...

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