People v. Lamb

• Court: New York Supreme Court — Appellate Division
• Citation: People v. Lamb, 540 N.Y.S.2d 228, 149 A.D.2d 943 (N.Y. App. Div. 1989)
• Decision Date: 14 April 1989
• Parties: PEOPLE of the State of New York, Respondent, v. George T. LAMB, Appellant.

Page 228

540 N.Y.S.2d 228

149 A.D.2d 943

PEOPLE of the State of New York, Respondent, v. George T. LAMB, Appellant.

Supreme Court of New York, Appellate Division Fourth Department.

April 14, 1989

Ronald C. Valentine by Richard Baumgarten, for appellant. Stephen R. Sirkin by Gloria Herron Arthur, Lyons, for respondent.

Judgment unanimously modified on the law by vacating defendant's conviction of grand larceny in the second degree and the sentence imposed thereon and dismissing count two of the indictment and as modified affirmed. Memorandum: Although the trial court submitted all four counts of the indictment to the jury, the jury found defendant guilty of counts one, three and four, but failed to render a verdict on count two charging grand larceny in the second degree. The People concede that the jury's failure to render a verdict on the grand larceny count resulted in an incomplete verdict. When a court accepts a verdict which is incomplete, it constitutes an acquittal on every count on which no verdict was rendered (CPL 310.50[3]; People v. Calderon, 113 A.D.2d 894, 896, 493 N.Y.S.2d 611, lv. denied 67 N.Y.2d 881, 501 N.Y.S.2d 1032, 492 N.E.2d 1239.) The court did not abuse its discretion in its Sandoval ruling which permitted defendant to be cross-examined on the acts underlying two prior burglaries for which he had been adjudicated a youthful offender (see, People v. Greer, 42 N.Y.2d 170, 176, 397 N.Y.S.2d 613, 366 N.E.2d 273; People v. Duffy, 36 N.Y.2d 258, 264, 367 N.Y.S.2d 236, 326 N.E.2d 804, cert....