The Second Department vacated defendant’s robbery second and grand larceny fourth convictions as repugnant to the acquittal of unauthorized use of a vehicle third:
The defendant was charged with various crimes arising from an incident during which the defendant, a codefendant, and a third perpetrator who was never apprehended, robbed the complainant, a cab driver, at knife point. The jury convicted the defendant of robbery in the first degree (Penal Law § 160.15), robbery in the second degree (id. § 160.10), grand larceny in the fourth degree (id. § 155.30), and menacing in the second degree (id. § 120.14), and acquitted him of unauthorized use of a vehicle in the third degree (id. § 165.05).
“A verdict is repugnant when, evaluated only in terms of the elements of the crimes as charged to the jury—and without regard to the evidence as to what actually occurred—acquittal on one count necessarily negates an . . . element of a crime of which the defendant was convicted” … .. Here, as the crimes were charged to the jury, the acquittal on the charge of unauthorized use of a vehicle in the third degree rendered repugnant the convictions of robbery in the second degree and grand larceny in the fourth degree … . People v Rodriguez, 2022 NY Slip Op 03403, Second Dept 5-25-22
Practice Point: A rare example of a repugnant verdict requiring vacation of the convictions. The facts are not explained. The Second Department determined the acquittal of unauthorized use of a vehicle rendered the robbery and grand larceny convictions repugnant. Presumably the charges stemmed from the theft of the vehicle.