PEOPLE v. TOMBACK

Ordered that the judgment is affirmed.

The defendant's contentions are unpreserved for appellate review ( see, CPL 470.05; People v. Satloff, 56 N.Y.2d 745, 746; People v. Sutherland, 166 A.D.2d 732). In any event, contrary to the defendant's contention, the jury's verdict was not repugnant as a matter of law since a verdict was rendered only as to one count ( see, People v. Tucker, 55 N.Y.2d 1, 6). In addition, the defense of justification is inapplicable to the crime of criminal possession of a weapon ( see, People v. Pons, 68 N.Y.2d 264; People v. Almodovar, 62 N.Y.2d 126; People v. Cosby, 200 A.D.2d 682, 683).

Santucci, J. P., Joy, Friedmann and Luciano, JJ., concur.