People v. Alcudia

Appellate Division of the Supreme Court of New York

People v. Alcudia

59 A.D.2d 786, 398 N.Y.S.2d 743, 1977 N.Y. App. Div. LEXIS 13847

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 31, 1977

StatusPublished

This text of 59 A.D.2d 786 (People v. Alcudia) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Alcudia, 59 A.D.2d 786, 398 N.Y.S.2d 743, 1977 N.Y. App. Div. LEXIS 13847 (N.Y. Ct. App. 1977).

Pincite

Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered January 28, 1976, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence. Judgment affirmed. The verdict of guilty rested upon two alternative theories of robbery in the second degree, as charged to the jury by the Trial Judge. The defendant-appellant received a single sentence upon the verdict. Although the Trial Judge unfortunately asked the jury if it had found the defendant guilty on "both counts”, he was clearly referring to the two theories as defined in subdivisions 1 and 2 of section 160.10 of the Penal Law. Thus, the verdict is not inconsistent with the original indictment. The remaining issues raised by defendant have been considered and found to be without merit. Gulotta, P. J., Latham, Damiani and O’Connor, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered January 28, 1976, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence. Judgment affirmed. The verdict of guilty rested upon two alternative theories of robbery in the second degree, as charged to the jury by the Trial Judge. The defendant-appellant received a single sentence upon the verdict. Although the Trial Judge unfortunately asked the jury if it had found the defendant guilty on "both counts”, he was clearly referring to the two theories as defined in subdivisions 1 and 2 of section 160.10 of the Penal Law. Thus, the verdict is not inconsistent with the original indictment. The remaining issues raised by defendant have been considered and found to be without merit. Gulotta, P. J., Latham, Damiani and O’Connor, JJ., concur.

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Bluebook (online)

59 A.D.2d 786, 398 N.Y.S.2d 743, 1977 N.Y. App. Div. LEXIS 13847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-alcudia-nyappdiv-1977.