Appellate Division of the Supreme Court of New York, 1997

People v. Santos

Appellate Division of the Supreme Court of New York · Decided March 31, 1997

237 A.D.2d 634; 655 N.Y.S.2d 1015; 1997 N.Y. App. Div. LEXIS 2985

Cases that cite this one

1 later published case cites this decision.

People v. Banks (Appellate Division of the Supreme Court of New York 1997)

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Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ferdinand, J.), rendered March 23, 1995, convicting him of manslaughter in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

*635Contrary to the defendant’s contention, in view of the elements of each crime as charged to the jury, the defendant’s acquittal on the count charging criminal possession of a weapon in the second degree did not necessarily negate the intent element or any other element of manslaughter in the first degree (see, People v Tucker, 55 NY2d 1; People v Stitt, 201 AD2d 593; People v Miles, 198 AD2d 445). Thus, the verdict was not repugnant.

The defendant’s remaining contentions are without merit. Rosenblatt, J. P., Thompson, Altman and Luciano, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.