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People v. Allums

Appellate Division of the Supreme Court of New York, Second Department
May 10, 1993
193 A.D.2d 688 (N.Y. App. Div. 1993)

Opinion

May 10, 1993

Appeal from the County Court, Westchester County (LaCava, J.).


Ordered that the judgment is affirmed.

The evidence produced by the People establishes beyond a reasonable doubt that the defendant attacked the victim with a golf club. As the victim sought to ward off this attack, she was stabbed in the back by the defendant's knife-wielding codefendant, Lorraine Brown (see, People v Brown, 193 A.D.2d 691 [decided herewith]). The defendant then produced a knife herself and stabbed the victim in the side, producing the most serious of the victim's several injuries. A third codefendant, Lucy Allums, then appeared "out of no where" and also stabbed the victim in the back (see, People v Allums, 193 A.D.2d 687 [decided herewith]). The codefendant Lucy Allums then removed the knife from the victim's back and attempted to stab the victim yet again. The victim was rescued by a bystander, who ushered her into a taxi, which took her to a hospital.

Contrary to the defendant's principal argument, the verdict pronounced by the jury was neither inconsistent nor repugnant (see, CPL 310.40, 310.80 Crim. Proc.; Matter of Oliver v Justices of N Y Sup. Ct., 44 A.D.2d 823). An alleged inconsistency in the verdict sheet, which had no counterpart in the jury's actual verdict as recorded by the court, does not, in our view, furnish a basis for reversal.

We have examined the defendant's remaining contention, and find it to be without merit. Bracken, J.P., Lawrence, Eiber and Pizzuto, JJ., concur.


Summaries of

People v. Allums

Appellate Division of the Supreme Court of New York, Second Department
May 10, 1993
193 A.D.2d 688 (N.Y. App. Div. 1993)
Case details for

People v. Allums

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VANESSA ALLUMS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 10, 1993

Citations

193 A.D.2d 688 (N.Y. App. Div. 1993)
598 N.Y.S.2d 737

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