
    [736 NYS2d 566]
    The People of the State of New York, Respondent, v Sharone Torres, Appellant.
    Supreme Court, Appellate Term, Second Department,
    October 25, 2001
    APPEARANCES OF COUNSEL
    
      Legal Aid Society, New York City (Daniel L. Greenberg and Carol Santangelo of counsel), for appellant. Charles J. Hynes, District Attorney of Kings County, Brooklyn (Leonard Joblove and Amy Appelbaum of counsel), for respondent.
   OPINION OF THE COURT

Memorandum.

Judgment of conviction unanimously reversed on the law and accusatory instrument dismissed.

In the case at bar, given the jury instruction, defendant’s conviction of menacing in the second degree was inconsistent with his acquittal of criminal possession of a dangerous weapon in the fourth degree (see, People v Tucker, 55 NY2d 1, rearg denied 55 NY2d 1039). In reaching this result, we are of the opinion that the fact that the court in its charge to the jury specifically referred to a knife in the criminal possession count while simply referring to a “dangerous instrument” in the menacing count, does not warrant a different result (cf., People v Powell, 171 AD2d 1026; People v Jamerson, 99 AD2d 816). The factual part of the accusatory instrument referred only to a knife and the court in its charge made no mention of any other weapon.

Aronin, J. P., Patterson and Golia, JJ., concur.  