People v. Cassidy

Appellate Division of the Supreme Court of New York

People v. Cassidy

116 A.D.2d 656, 497 N.Y.S.2d 725, 1986 N.Y. App. Div. LEXIS 51521

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

DecidedJanuary 21, 1986

StatusPublished

This text of 116 A.D.2d 656 (People v. Cassidy) 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. Cassidy, 116 A.D.2d 656, 497 N.Y.S.2d 725, 1986 N.Y. App. Div. LEXIS 51521 (N.Y. Ct. App. 1986).

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Opinion

Appeal by defendant from a judgment of the County Court, Nassau County (Lawrence, J.), rendered November 20, 1984, convicting him of perjury in the first degree, upon a jury verdict, and imposing sentence.

Judgment affirmed, and case remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).

The jury’s verdict, which, inter alia, found defendant guilty of perjury in the first degree but acquitted him of insurance fraud in the first degree, was not repugnant in view of the elements of the crimes as charged (see, People v Tucker, 55 NY2d 1; People v Burford, 105 AD2d 752). In any event, the defendant’s claim of a repugnant verdict was not preserved for appellate review as his counsel failed to raise an objection thereto prior to the discharge of the jury (CPL 470.05 [2]; People v Alfaro, 66 NY2d 985; People v Burford, supra).

In addition, the sentence imposed was not an abuse of discretion by the sentencing Judge, and the facts of the case do not warrant our substituting our discretion therefor (People v Hyde, 110 AD2d 716; People v Suitte, 90 AD2d 80).

We have examined defendant’s remaining contentions and find them to be without merit. Thompson, J. P., Brown, Weinstein and Eiber, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Nassau County (Lawrence, J.), rendered November 20, 1984, convicting him of perjury in the first degree, upon a jury verdict, and imposing sentence.

Judgment affirmed, and case remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).

The jury’s verdict, which, inter alia, found defendant guilty of perjury in the first degree but acquitted him of insurance fraud in the first degree, was not repugnant in view of the elements of the crimes as charged (see, People v Tucker, 55 NY2d 1; People v Burford, 105 AD2d 752). In any event, the defendant’s claim of a repugnant verdict was not preserved for appellate review as his counsel failed to raise an objection thereto prior to the discharge of the jury (CPL 470.05 [2]; People v Alfaro, 66 NY2d 985; People v Burford, supra).

In addition, the sentence imposed was not an abuse of discretion by the sentencing Judge, and the facts of the case do not warrant our substituting our discretion therefor (People v Hyde, 110 AD2d 716; People v Suitte, 90 AD2d 80).

We have examined defendant’s remaining contentions and find them to be without merit. Thompson, J. P., Brown, Weinstein and Eiber, JJ., concur.

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Bluebook (online)

116 A.D.2d 656, 497 N.Y.S.2d 725, 1986 N.Y. App. Div. LEXIS 51521, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cassidy-nyappdiv-1986.

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