Opinion
Decided January 7, 1982
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN S. THORP, J.
Dominic J. Sichenzia for appellant.
Denis Dillon, District Attorney ( Martin I. Saperstein of counsel), for respondent.
On summary consideration, order affirmed. Based on the elements of the crime as charged to the jury, we cannot say, as a matter of law, that the jury's verdict acquitting the defendant of the charges of attempted murder in the second degree and assault in the second degree is repugnant to the verdict convicting defendant of criminal possession of a weapon in the second degree ( People v Tucker, 55 N.Y.2d 1).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.