People v. Mascolo

— Appeal by the defendant from a judgment of the County Court, Westchester County (Lange, J.), rendered February 4, 1985, convicting him of driving while intoxicated and operating a motorcycle without a reflectorized helmet, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the verdict returned by the jury was repugnant in that it found him guilty of violating Vehicle and Traffic Law § 1192 (2) while acquitting him of violating Vehicle and Traffic Law § 1192 (3). We disagree.

The jury could have reasonably concluded, based on the…