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PEOPLE v. MUHAMMAD

Nos. 164, 165.

17 N.Y.3d 532 (2011)

2011 NY Slip Op 7302

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAHID MUHAMMAD, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREGORY HILL, Appellant.

Court of Appeals of New York.

Decided October 20, 2011.

Attorney(s) appearing for the Case

Law Office of Thomas J. Eoannou , Buffalo ( Jeremy D. Schwartz of counsel), for appellant in the first above-entitled action.

Frank A. Sedita, III, District Attorney, Buffalo ( Michelle Cianciosa , J. Michael Marion and Donna A. Milling of counsel), for respondent in the first above-entitled action.

Legal Aid Bureau of Buffalo, Inc., Buffalo ( Nicholas T. Texido , David C. Schopp and Barbara J. Davies of counsel), for appellant in the second above-entitled action.

Frank A. Sedita, III, District Attorney, Buffalo ( Michael J. Hillery and Donna A. Milling of counsel), for respondent in the second above-entitled action.

Judges READ, SMITH and PIGOTT concur with Judge GRAFFEO; Judge CIPARICK dissents and votes to reverse in a separate opinion in which Chief Judge LIPPMAN and Judge JONES concur.

OPINION OF THE COURT

GRAFFEO, J.

The primary issue in these appeals is whether the jury verdicts convicting defendants of assault but acquitting them of criminal possession of a weapon are legally repugnant. For the reasons that follow, we hold that the verdicts are valid.

I

People v Muhammad:

Defendant Shahid Muhammad was indicted for attempted murder in the second...

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