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PEOPLE v. BHARATH

16361, 549/11.

134 A.D.3d 483 (2015)

19 N.Y.S.3d 892

2015 NY Slip Op 09168

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL BHARATH, Appellant.

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

Decided December 10, 2015.

Defendant's argument that the verdicts acquitting him of assault and attempted assault but convicting him of third-degree weapon possession were repugnant is unpreserved (see People v Alfaro, 66 N.Y.2d 985 [1985]), and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. Where, as here, "there is a possible theory under which a split verdict could be legally permissible, it cannot...

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