Opinion
June 21, 1990
Appeal from the Supreme Court, New York County (Rena Uviller, J.).
The evidence, viewed in the light most favorable to the People (People v. Malizia, 62 N.Y.2d 755), was sufficient to support the jury's verdict, which was not inherently inconsistent and not repugnant. (See generally, People v. Tucker, 55 N.Y.2d 1.) Acquittal on the murder charge did not, on these facts, require acquittal on the weapons possession charge. The court's denial of the motion for separate trials was a sound exercise of discretion. Defendant's burden to demonstrate that the court's decision was an abuse of discretion was a substantial one which defendant did not meet. (People v Mahboubian, 74 N.Y.2d 174, 183.)
Defendant's other arguments have been reviewed and found to be without merit.
Concur — Murphy, P.J., Ross, Rosenberger, Asch and Rubin, JJ.