PEOPLE v. McFADDEN

6205, 3401/07

90 A.D.3d 413 (2011)

933 N.Y.S.2d 283

2011 NY Slip Op 8673

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN McFADDEN, Appellant.

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

Decided December 1, 2011.


The verdict was not repugnant, and the court properly denied defendant's application to resubmit the case to the jury. This case involves an attempted carjacking, followed a few minutes later by a completed carjacking. Four days later, the police apprehended defendant and his codefendant while they were in the stolen car.

The only property taken in the completed carjacking was the car. The jury convicted defendant of first-degree robbery, but acquitted him of second...

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