In People v. Ramos (193 Misc. 2d 564, 751 N.Y.S.2d 714 [Crim Ct, Bronx County 2002]) the defendant, believing he was about to be attacked by a person armed with a screwdriver, picked up a pipe that he found lying in the street and used it to defend himself. He was charged with assault in the third degree and criminal possession of a weapon in the fourth degree under the theory of an intent to use unlawfully. Thus the defendant committed but one act so that as a matter of logic he had to be guilty of both or guilty of neither. (Id. at 569.) And yet while justification clearly applied to the assault, Pons appeared to bar it with respect to the weapons charge, inviting an apparently repugnant result. (Id.) The Ramos court resolved this dilemma by refusing to submit the weapons count to the jury pursuant to CPL 300.40.