Ordered that the judgment is affirmed.
After the jury announced its verdict, the prosecutor and defense counsel objected that the verdict was repugnant because the defendant was acquitted of the charges of criminal possession of a weapon in the fourth degree. A colloquy ensued in which the court offered an interpretation reconciling the verdict. The prosecutor and defense counsel, after conferring with the defendant, accepted the court's explanation and consented not to have the matter resubmitted to the jury. Accordingly, the defendant, on appeal, has waived his claim of repugnancy ( see, People v. Abreu, 184 A.D.2d 707; People v. Gupta, 86 A.D.2d 960).
The trial court did not improvidently exercise its discretion in summarily denying, without a hearing, the defendant's motion to set aside the verdict based on juror misconduct where that application was supported only by hearsay allegations contained in an affidavit of defense counsel ( see, People v. Friedgood, 58 N.Y.2d 467, 473; People v. Laguer, 195 A.D.2d 483). The defendant's remaining contentions, including those in his pro se supplemental brief, are without merit.
Miller, J.P., Ritter, Santucci and Florio, JJ., concur.