Opinion
Argued May 2, 2000.
June 5, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Sampson, J.), rendered March 14, 1997, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Svetlana M. Kornfeind of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, Alyson J. Gill, and Vered Adoni of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., DAVID S. RITTER, MYRIAM J. ALTMAN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The jury verdict convicting the defendant of assault in the first degree and acquitting him of criminal possession of a weapon in the fourth degree is not repugnant. Viewing the elements of the crime as charged to the jury (see, People v. Tucker, 55 N.Y.2d 1,7), it could have found that the defendant initially possessed the weapon without any intent to use it unlawfully (see, e.g., People v. Smith, 235 A.D.2d 558; People v. Cabrera, 221 A.D.2d 461).