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People v. Tomback

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1997
244 A.D.2d 586 (N.Y. App. Div. 1997)

Opinion

November 24, 1997

Appeal from the Supreme Court, Kings County (Gerges, J.).


Ordered that the judgment is affirmed.

The defendant's contentions are unpreserved for appellate review ( see, CPL 470.05; People v. Satloff, 56 N.Y.2d 745, 746; People v. Sutherland, 166 A.D.2d 732). In any event, contrary to the defendant's contention, the jury's verdict was not repugnant as a matter of law since a verdict was rendered only as to one count ( see, People v. Tucker, 55 N.Y.2d 1, 6). In addition, the defense of justification is inapplicable to the crime of criminal possession of a weapon ( see, People v. Pons, 68 N.Y.2d 264; People v. Almodovar, 62 N.Y.2d 126; People v. Cosby, 200 A.D.2d 682, 683).

Santucci, J. P., Joy, Friedmann and Luciano, JJ., concur.


Summaries of

People v. Tomback

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1997
244 A.D.2d 586 (N.Y. App. Div. 1997)
Case details for

People v. Tomback

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL TOMBACK…

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

Date published: Nov 24, 1997

Citations

244 A.D.2d 586 (N.Y. App. Div. 1997)
665 N.Y.S.2d 932

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