People v. Campbell

On the instant appeal, the defendant argues that the jury’s verdict, convicting him of assault in the third degree but acquitting him of assault in the second degree, was repugnant, since both crimes contain the element of "physical injury” (see, Penal Law §§ 120.00,120.05).

*464Initially, it should be noted that this argument has not been preserved for appellate review (see, People v Satloff, 56 NY2d 745, 746). In any event, it must be rejected on the merits.

The crime of assault in the second degree, as charged to the jury, was based on Penal Law § 120.05 (6), which provides in pertinent part:…