Majority
p. 1051The People of the State of New York, Respondent, v Gerald Gross, Appellant.
Judgment unanimously affirmed. Memorandum: On this appeal from a judgment convicting him of two counts of endangering the welfare of a child (Penal Law § 260.10 [1]), defendant contends that the jury verdicts are repugnant. That contention, however, has not been preserved because it was not raised prior to the discharge of the jury (see, People v Satloff, 56 NY2d 745 , 746; People v Paz, 159 AD2d 987 , 988, lv denied 76 NY2d 793 ; People v Carey, 151 AD2d 989 , lv denied 74 NY2d 806 ). In any event, that contention lacks merit because defendant’s acquittal on the two counts of sexual abuse in the second degree (Penal Law
p. 1052
§ 130.60 [2]), as charged to the jury, was not "conclusive as to a necessary element of the other crime, as charged, for which the guilty verdict was rendered” (People v Tucker, 55 NY2d 1 , 7; see also, People v Loughlin, 76 NY2d 804 ). (Appeal from Judgment of Supreme Court, Onondaga County, Gorman, J.— Endangering Welfare of Child.) Present — Callahan, J. P., Green, Lawton, Davis and Doerr, JJ.
Cases cited
- People v. Satloff 56 NY2d 745 at 746 p. 1051
- People v. Paz 159 AD2d 987 at 988 p. 1051
- People v. Tucker 55 NY2d 1 at 7 p. 1052
- People v. Loughlin 76 NY2d 804 p. 1052