Opinion
Argued April 2, 1982
Decided May 13, 1982
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, RICHARD C. DELIN, J.
Howard Rudnick for appellant.
Denis Dillon, District Attorney ( Lawrence J. Schwarz and William C. Donnino of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed.
Defendant's contention that the jury's verdicts on two counts of the indictment are inconsistent is not preserved for our review. Following discharge of the jury, defense counsel complained, for the first time, of the asserted inconsistency. At this point, it was no longer possible to remedy the defect, if any, by resubmission to the jury for reconsideration of its verdicts ( People v Stahl, 53 N.Y.2d 1048, 1050). Such a protest must be registered prior to the discharge of the jury properly to preserve the issue for review in this court.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Order affirmed in a memorandum.