Opinion
October 6, 1997
Appeal from the County Court, Westchester County (Smith, J.).
Ordered that the judgment is affirmed.
The defendant's claim that the jury's verdict is repugnant because it acquitted him of assault in the second degree is unpreserved for appellate review since the defendant did not raise this issue prior to the discharge of the jury ( see, People v. Gray, 86 N.Y.2d 10; People v. Alfaro, 66 N.Y.2d 985; People v. Cruz, 175 A.D.2d 212; People v. Taylor, 138 A.D.2d 427). In any event, after reviewing the court's instructions to the jury as to both assault in the second degree and resisting arrest, we find that the verdict is not repugnant ( see, People v. Goodfriend, 64 N.Y.2d 695; People v. Tucker, 55 N.Y.2d 1; People v. Blandford, 37 A.D.2d 1003; People v. Simms, 36 A.D.2d 23; People v. Lattanzio, 35 A.D.2d 313).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
Miller, J.P., Ritter, Santucci and Florio, JJ., concur.