People v. Fasano

Appellate Division of the Supreme Court of New York

People v. Fasano

129 A.D.2d 1004, 514 N.Y.S.2d 306, 1987 N.Y. App. Div. LEXIS 45701

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

DecidedApril 3, 1987

StatusPublished

Cited by2 cases

This text of 129 A.D.2d 1004 (People v. Fasano) 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. Fasano, 129 A.D.2d 1004, 514 N.Y.S.2d 306, 1987 N.Y. App. Div. LEXIS 45701 (N.Y. Ct. App. 1987).

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Opinion

Judgment unanimously affirmed. Memorandum: Defendant’s claim that repugnant jury verdicts were rendered by an acquittal on two robbery charges and a guilty verdict on the charge of assault in the second degree is without merit. As the Court of Appeals held in People v Tucker (55 NY2d 1, 4, rearg denied 55 NY2d 1039), "[w]hen there is a claim that repugnant jury verdicts have been rendered in response to a multiple-count indictment, a verdict as to a particular count shall be set aside only when it is inherently inconsistent when viewed in light of the elements of each crime as charged to the jury.” Under this standard, defendant’s acquittal on the charges of robbery in the second and third degrees did not negate an essential element of the assault in the second degree count (see, People v Goodfriend, 64 NY2d 695, 697).

Defendant failed to preserve for appellate review the alleged errors in the court’s instructions as well as the alleged variation between the indictment and the court’s charge (CPL [1005]*1005470.05 [2]) and we decline to exercise our discretion in the interest of justice (CPL 470.15 [6]).

Defendant’s remaining contention was previously reviewed by this court and found to be without merit (see, People v Fasano, 112 AD2d 791, lv denied 65 NY2d 979). (Appeal from judgment of Supreme Court, Onondaga County, Gorman, J.— assault, second degree.) Present—Denman, J. P., Boomer, Pine, Balio and Davis, JJ.

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Judgment unanimously affirmed. Memorandum: Defendant’s claim that repugnant jury verdicts were rendered by an acquittal on two robbery charges and a guilty verdict on the charge of assault in the second degree is without merit. As the Court of Appeals held in People v Tucker (55 NY2d 1, 4, rearg denied 55 NY2d 1039), "[w]hen there is a claim that repugnant jury verdicts have been rendered in response to a multiple-count indictment, a verdict as to a particular count shall be set aside only when it is inherently inconsistent when viewed in light of the elements of each crime as charged to the jury.” Under this standard, defendant’s acquittal on the charges of robbery in the second and third degrees did not negate an essential element of the assault in the second degree count (see, People v Goodfriend, 64 NY2d 695, 697).

Defendant failed to preserve for appellate review the alleged errors in the court’s instructions as well as the alleged variation between the indictment and the court’s charge (CPL [1005]*1005470.05 [2]) and we decline to exercise our discretion in the interest of justice (CPL 470.15 [6]).

Defendant’s remaining contention was previously reviewed by this court and found to be without merit (see, People v Fasano, 112 AD2d 791, lv denied 65 NY2d 979). (Appeal from judgment of Supreme Court, Onondaga County, Gorman, J.— assault, second degree.) Present—Denman, J. P., Boomer, Pine, Balio and Davis, JJ.

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Bluebook (online)

129 A.D.2d 1004, 514 N.Y.S.2d 306, 1987 N.Y. App. Div. LEXIS 45701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fasano-nyappdiv-1987.

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