From Casetext: Smarter Legal Research

People v. Green

Court of Appeals of the State of New York
May 26, 1988
71 N.Y.2d 1006 (N.Y. 1988)

Opinion

Argued April 19, 1988

Decided May 26, 1988

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Robert T. Groh, J.

Alan E. Kudisch for appellant.

John J. Santucci, District Attorney (Kenneth Appelbaum of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was convicted of robbery in the second degree (Penal Law § 160.10) and assault in the second degree (Penal Law § 120.05). Defendant argues that, because the jury acquitted his codefendant of the robbery as an accomplice pursuant to Penal Law § 20.00, the verdict is repugnant. He contends that the jury necessarily made the contradictory findings that, in committing the robbery, the defendant was "aided by another person actually present" and that, for accomplice liability purposes, the codefendant, the other person present, did not aid him.

A determination of whether a verdict is repugnant is based solely on a review of the trial court's charge regardless of its accuracy (see, People v Hampton, 61 N.Y.2d 963, 964; People v Tucker, 55 N.Y.2d 1, 7). An examination of the instructions given to the jury here reveals that the trial court, in defining the phrase "aided by another person actually present" for purposes of Penal Law § 160.10 (1), did not instruct the jury that the actions and mental state of the other person had to be sufficient to convict that person as an accomplice under Penal Law § 20.00. Accordingly, we conclude that the jury's verdict was not inherently contradictory (cf., People v Hampton, supra). We note, however, that the Appellate Division erroneously viewed the verdicts as not being repugnant both by going beyond the elements of the crimes as charged and by making a factual analysis of the evidence (People v Tucker, supra, at 4).

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.

Order affirmed in a memorandum.


Summaries of

People v. Green

Court of Appeals of the State of New York
May 26, 1988
71 N.Y.2d 1006 (N.Y. 1988)
Case details for

People v. Green

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LYMAN GREEN, Appellant

Court:Court of Appeals of the State of New York

Date published: May 26, 1988

Citations

71 N.Y.2d 1006 (N.Y. 1988)
530 N.Y.S.2d 97
525 N.E.2d 742

Citing Cases

People v. Maldonado

Such a strategy should not be permitted ( see People v. White, 53 NY2d 721, 723). On the merits, a verdict is…

People v. Sanchez

Looking to second-degree robbery cases for guidance in resolving the issue presented by this gang assault…