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PEOPLE v. DIEYE

2017-10252. Ind. No. 10548/11.

207 A.D.3d 741 (2022)

170 N.Y.S.3d 909

2022 NY Slip Op 04734

The People of the State of New York, Respondent, v. Youssouf Dieye, Appellant.

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

Decided July 27, 2022.

Attorney(s) appearing for the Case

Patricia Pazner, New York, NY (Samuel Barr of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Ann Bordley, and Daniel Rosenblum of counsel), for respondent.

Barros, J.P., Chambers, Zayas and Dowling, JJ., concur.

Ordered that the judgment is affirmed.

The defendant's contention that the verdict convicting him of sexual abuse in the first degree, while acquitting him of criminal sexual act in the first degree, was legally repugnant is without merit. "`In determining whether a verdict is legally repugnant, the court views the elements of the offenses as charged to the jury without regard to the proof that was actually presented at trial'" (People v Sims, 199 A.D.3d 841...

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