Fourth Department – Inconsistent verdict: People v. Desius

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Inconsistent verdict

Reckless assault – Intentional infliction of serious injury

People v. Desius

KA 18-02097

Appealed from Wayne County Court

Background: The defendant appealed from a conviction of two counts of reckless assault, arising from an altercation during which he punched the victim in the face three times, causing the victim to fall and hit his head on the concrete sidewalk. The defendant continued to punch the victim while he was lying on the ground unconscious, and he died as a result of the injuries.

Ruling: The Appellate Division reserved and remitted the matter back to county court. The defendant had argued that the court’s verdict that he had recklessly assaulted the victim and intentionally caused serious harm were inconsistent verdicts. There is no evidence that the court ruled on the motion.

Mary P. Davison, of the public defender’s office, for the defendant-appellant; Bruce A. Rosekrans, of the district attorney’s office, for the respondent.