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People v. Hampton

463 N.E.2d 614, 61 N.Y.2d 963, 475 N.Y.S.2d 273, 1984 N.Y. LEXIS 4189
CourtNew York Court of Appeals
DecidedMarch 22, 1984
StatusPublished
Cited by37 cases

This text of 463 N.E.2d 614 (People v. Hampton) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Hampton, 463 N.E.2d 614, 61 N.Y.2d 963, 475 N.Y.S.2d 273, 1984 N.Y. LEXIS 4189 (N.Y. 1984).

Opinion

OPINION OF THE COURT

Memorandum..

The order of the Appellate Division should be affirmed.

The trial court charged the jury that if it found that either defendant did not act in concert with the other then it must acquit both defendants. When the jury found defendant Coley not guilty and the defendant Hampton guilty the verdict was clearly repugnant under the court’s charge.

The determination as to the repugnancy of the verdict is made solely on the basis of the trial court’s charge and not on the correctness of those instructions (People v Tucker, 55 NY2d 1). Because an examination of the instructions given to the jury in this case shows that the verdict returned was inherently contradictory, the trial court properly dismissed the charge against the defendant (People v Carbonell, 40 NY2d 948).

*965 Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye concur.

Order affirmed in a memorandum.

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Bluebook (online)
463 N.E.2d 614, 61 N.Y.2d 963, 475 N.Y.S.2d 273, 1984 N.Y. LEXIS 4189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hampton-ny-1984.