People v. Simmons

— Judgment unanimously affirmed. Memorandum: Defendant contends that the court should have instructed the jury to consider the charges of assault in the first degree and attempted murder in the second degree in the alternative, and that the verdict finding defendant guilty of both charges is inconsistent. Defendant did not preserve these issues for review because he neither objected to the court’s charge nor objected to the verdict as inconsistent before the jury was discharged (see, People v Stahl, 53 NY2d 1048, 1050).

The court properly exercised its discretion in denying defendant’s request…