Summary
In Robinson, the Court of Appeals adopted the reasoning of the Fourth Department, which held that convictions for intentional manslaughter and depraved mind murder were inconsistent verdicts within the meaning of New York Criminal Procedure Law § 300.30(5) and People v. Gallagher. See id., aff'g People v. Robinson, 145 A.D.2d 184, 186, 538 N.Y.S.2d 122, 123 (4th Dept. 1989) (concluding that a defendant's acts cannot simultaneously be intentional and reckless).Id.
Summary of this case from Sellan v. KuhlmanOpinion
Argued February 8, 1990
Decided March 22, 1990
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Andrew G. Celli, J.
Howard R. Relin, District Attorney (Elizabeth Clifford of counsel), for appellant.
Edward J. Nowak, Public Defender (Peter J. Pullano of counsel), for respondent.
Order affirmed for the reasons stated in the opinion by Presiding Justice Michael F. Dillon at the Appellate Division ( 145 A.D.2d 184).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.