Opinion
July 9, 1990
Appeal from the County Court, Westchester County (Braatz, J.).
Ordered that the judgment is affirmed.
The jury verdict finding the defendant guilty of assault in the second degree and not guilty of criminal possession of a weapon in the third degree was not repugnant. Viewing the elements of the crimes as charged to the jury (see, People v Tucker, 55 N.Y.2d 1, 7), we find that the jury may have found that the defendant initially possessed the weapon without any intent to use it unlawfully (see, People v. Haymes, 34 N.Y.2d 639, 640, cert denied 419 U.S. 1003; People v. Garcia, 72 A.D.2d 356, 361, affd 52 N.Y.2d 716). Mangano, P.J., Rubin, Rosenblatt and Miller, JJ., concur.