People v. Tomback

• Decision Date: 24 November 1997
• Citation: 665 N.Y.S.2d 932,244 A.D.2d 586
• Parties: 1997 N.Y. Slip Op. 10,742 The PEOPLE, etc., Respondent, v. Daniel TOMBACK, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 932

665 N.Y.S.2d 932

1997 N.Y. Slip Op. 10,742

The PEOPLE, etc., Respondent, v. Daniel TOMBACK, Appellant.

Supreme Court of New York, Appellate Division, Second Department.

Nov. 24, 1997.

David H. Weiss, New York City, for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Roseann B. MacKechnie, Jodi L. Mandel, and Lori Glachman, of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J.), rendered March 12, 1996, convicting him of criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contentions are unpreserved for appellate review (see, CPL 470.05[2]; People v. Satloff, 56 N.Y.2d 745, 746, 452 N.Y.S.2d 12, 437 N.E.2d 271; People v. Sutherland, 166 A.D.2d 732, 561 N.Y.S.2d 652). 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, 447 N.Y.S.2d 132, 431 N.E.2d 617). 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, 508 N.Y.S.2d 403, 501 N.E.2d 11; People v. Almodovar, 62 N.Y.2d 126, 476 N.Y.S.2d 95, 464 N.E.2d 463; People v. Cosby, 200 A.D.2d 682, 683, 606 N.Y.S.2d 753.)

SANTUCCI, J.P., and JOY, FRIEDMANN and LUCIANO, JJ., concur.