Opinion
May 5, 1997
Appeal from the Supreme Court, Kings County (Koch, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the jury verdict convicting him of manslaughter in the first degree and acquitting him of criminal possession of a weapon in the second degree is repugnant, is unpreserved for appellate review ( see, CPL 470.05; People v. Miles, 198 A.D.2d 445). In any event, in view of the elements of each crime as charged to the jury, the defendant's acquittal of criminal possession of a weapon in the second degree did not necessarily negate the intent element or any other element of manslaughter in the first degree ( see, People v Tucker, 55 N.Y.2d 1; People v. Santos, 237 A.D.2d 634; People v Stitt, 201 A.D.2d 593; People v. Miles, supra). Accordingly, the verdict was not repugnant.
The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.
Mangano, P.J., Joy, McGinity and Luciano, JJ., concur.