PEOPLE v. CASTILLO

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Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., respondent, v. Jose Ramon CASTILLO, appellant.

Decided: April 26, 1999

DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, GLORIA GOLDSTEIN and LEO F. McGINITY, JJ. Kenneth Lyle Bunting, White Plains, N.Y., for appellant. Jeanine Pirro, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Maryanne Luciano of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Lange, J.), rendered April 4, 1997, convicting him of murder in the second degree and attempted robbery in the first degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's acquittal of the charge of criminal possession of a weapon in the second degree was not repugnant to his conviction for attempted robbery in the first degree, since the weapons count, as charged, contained an intent element not found in the robbery count (see, People v. Williams, 255 A.D.2d 408, 679 N.Y.S.2d 852;  People v. Ellerbee, 239 A.D.2d 430, 658 N.Y.S.2d 890;  People v. Brown, 224 A.D.2d 226, 637 N.Y.S.2d 153;  People v. Stitt, 201 A.D.2d 593, 607 N.Y.S.2d 740).

The defendant's remaining contention is without merit.

MEMORANDUM BY THE COURT.

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