People State New York v. Frederick E. Carbonell

[40 N.Y.2d 948 Page 948] Memorandum. Order of the Appellate Division reversed, the judgment of conviction vacated and the indictment dismissed. The jury verdict was internally self-contradictory both logically and pursuant to the charge of the court. By acquitting defendant of all the larceny counts the verdict of guilty of robbery in the third degree was contradicted, since the robbery could not have occurred unless, as an essential element of the crime, there had been a larceny in some degree (cf. People v Cole, 35 N.Y.2d 911). As pointed out by defendant's appellate counsel there need not have been an acquittal on the larceny counts so long as the jury under proper instructions [40 N.Y.2d 948 Page 949]