Convictions and Sentences Vacated and Dismissed as Repugnant
Following a trial, the jury acquitted Mr. Rodriguez of third-degree unauthorized use of a vehicle but convicted him of four other counts, including second-degree robbery and fourth-degree grand larceny. The Appellate Division recognized that when evaluating the charge given to a jury, when an acquittal on one count necessarily negates an element of a crime of conviction, the verdict is repugnant. Accordingly, the Court determined that, as the crimes were charged to the jury, the acquittal on the unauthorized use of a vehicle count rendered repugnant the convictions of second-degree robbery and fourth-degree grand larceny, and those two convictions and sentences were vacated and dismissed.
Sam Feldman represented Mr. Rodriguez
