PEOPLE v. CARRASCO

SCI 2015C/05, 13931, 366/05.

124 A.D.3d 445 (2015)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE CARRASCO, Appellant.

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

Decided January 13, 2015.


The verdict was not repugnant, and the court properly denied defendant's application to resubmit the case to the jury for further deliberations. In the abstract, a person can commit a robbery, along with an intentional murder not committed in furtherance of the robbery, without also committing felony murder. "If there is a possible theory under which a split verdict could be legally permissible, it cannot be repugnant, regardless...

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