Ordered that the judgment is affirmed.
The defendant contends that the jury verdict finding him guilty of assault in the second degree and not guilty of criminal possession of a weapon in the fourth degree was repugnant. This contention is unpreserved for appellate review since the defendant's counsel failed to raise the issue before the discharge of the jury ( see People v. Satloff, 56 NY2d 745). In any event, viewing the elements of the crime as charged to the jury ( see People v. Tucker, 55 NY2d 1, 4), the jury could have found that the defendant initially possessed a dangerous instrument without any intent to use it unlawfully ( see People v. Salazar, 16 AD3d 439; People v. Holloway, 253 AD2d 767, 768; People v. Smith, 235 AD2d 558, 559). Thus, the verdict was not repugnant ( see People v. Salazar, supra).
The defendant's remaining contention is without merit.