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People v. Price

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1987
129 A.D.2d 745 (N.Y. App. Div. 1987)

Opinion

April 20, 1987

Appeal from the Supreme Court, Westchester County (Nicolai, J.).


Ordered that the judgment is affirmed.

The defendant's failure to assert his claim before the trial court and prior to the discharge of the jury, that the jury's verdict, acquitting him of robbery in the second degree and robbery in the third degree and convicting him of grand larceny in the third degree, is repugnant, renders that claim unpreserved for this court's review (see, CPL 470.05; People v Alfaro, 66 N.Y.2d 985). The claim is, in any event, without merit since the elements of the crimes as charged are not identical, i.e., robbery entails force (see, People v Tucker, 55 N.Y.2d 1, rearg denied 55 N.Y.2d 1039; People v Jackson, 69 A.D.2d 823). Nor can it be argued that the alleged factual inconsistency of the verdict and, in this regard, the defendant's claimed inability to demonstrate this inconsistency because of an inadequate record, furnish a basis for reversal (see, People v Tucker, supra; People v Montgomery, 116 A.D.2d 669). Mangano, J.P., Bracken, Eiber and Spatt, JJ., concur.


Summaries of

People v. Price

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1987
129 A.D.2d 745 (N.Y. App. Div. 1987)
Case details for

People v. Price

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL PRICE, Appellant

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

Date published: Apr 20, 1987

Citations

129 A.D.2d 745 (N.Y. App. Div. 1987)

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