People v. Paczovski

Defendant moves post-trial (1) to prohibit the People from retrying him on the second count of the indictment and (2) to set aside the conviction as being an inconsistent verdict.

The defendant was charged in a three-count indictment with attempted assault in the first degree (Penal Law, §§ 110.00, 120.10), attempted assault in the second degree (Penal Law, §§ 110.00, 120.05, subd 3) and possession of weapons and dangerous instruments and appliances as a felony (prior conviction) (Penal Law, § 265.05, subd 9).

The three counts of the indictment relate to the single act of threatening a police…