People v. Works

Judgment unanimously affirmed. Memorandum: Defendant failed to preserve for our review her contention that the verdict finding her guilty of both attempted murder in the second degree and assault in the second degree is inconsistent. She objected neither to the court’s charge nor to the verdict as being inconsistent before the jury was discharged (see, People v Stahl, 53 NY2d 1048, 1050; People v Simmons, 155 AD2d 893, lv denied 75 NY2d 818).

The evidence established that the victim was shot with a .22 caliber revolver. The trial court, therefore, did not err in admitting testimony from a…