People v. Detwiler

—Judgment unanimously modified on the law and as modified affirmed in accordance with *974the following Memorandum: County Court erred in resubmitting the assault and weapon counts to the jury (see, CPL 310.50 [2]). Under the circumstances of this case, the jury’s initial verdict finding defendant guilty of assault in the second degree (Penal Law § 120.05 [2]) and not guilty of criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [2]) was not inconsistent. Viewing the proof adduced at trial in light of the elements of each offense as charged by the court (see, People v…