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PEOPLE v. ANTHONY
Appellate Division of the Supreme Court of New York, Second Department.
Jun 5, 2000
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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).
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