People v. Colon

OPINION OF THE COURT

Milton L. Williams, J.

Defendant Olga Colon was charged with assault in the third degree and criminal possession of a weapon in the fourth degree (Penal Law, § 120.00, subd 1; § 265.01, subd [2]) respectively. On April 4, 1979, defendant, after a jury trial, was acquitted of the assault charge and found guilty of the weapon charge. She has moved to set aside this verdict pursuant to CPL 330.30 (subd 1) on the ground that it is fatally inconsistent or repugnant and would require reversal as a matter of law upon appeal.

*849The incident at issue occurred on the afternoon of June…