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PEOPLE v. JOHNSON

2013-08768 Ind. No. 1262/10.

159 A.D.3d 833 (2018)

72 N.Y.S.3d 536

2018 NY Slip Op 01617

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREGORY JOHNSON, Appellant.

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

Decided March 14, 2018.

Ordered that the judgment, as amended, is affirmed.

Contrary to the defendant's contention, the verdict finding him guilty of both counts of murder in the second degree, while acquitting him of murder in the first degree, was not legally repugnant. "[A] verdict is repugnant only if it is legally impossible — under all conceivable circumstances — for the jury to have convicted the defendant on one count but not the other" (People v Muhammad,

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