Opinion
April 26, 1999
Appeal from the County Court, Westchester County (Lange, J.).
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; People v. Ellerbee, 239 A.D.2d 430; People v. Brown, 224 A.D.2d 226; People v. Stitt, 201 A.D.2d 593).
The defendant's remaining contention is without merit.
Ritter, J. P., Altman, Goldstein and McGinity, JJ., concur.