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People v. Satloff

56 N.Y.2d 745 Court N.Y. Decision date 1982-05-13 English

Contents

Majority

p. 745
The People of the State of New York, Respondent, v Michael Satloff, Appellant.
Argued April 2, 1982;
decided May 13, 1982
p. 746
APPEARANCES OF COUNSEL
Howard Rudnick for appellant.
Denis Dillon, District Attorney (Lawrence J. Schwarz and William C. Donnino of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant’s contention that the jury’s verdicts on two counts of the indictment are inconsistent is not preserved for our review. Following discharge of the jury, defense counsel complained, for the first time, of the asserted inconsistency. At this point, it was no longer possible to remedy the defect, if any, by resubmission to the jury for reconsideration of its verdicts {People v Stahl, 53 NY2d 1048 , 1050). Such a protest must be registered prior to the discharge of the jury properly to preserve the issue for review in this court.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

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