Opinion
2003-524 NCR.
Decided October 18, 2004.
Appeal by defendant from a judgment of the District Court, Nassau County (D. Sher, J.), rendered March 14, 2003, after a jury trial, convicting him of menacing in the second degree (Penal Law § 120.14) and imposing sentence.
Judgment of conviction unanimously affirmed.
PRESENT: McCABE, P.J., COVELLO and TANENBAUM, JJ.
Since defendant chose not to exercise one of his remaining peremptory challenges against a prospective juror after the trial court refused to strike said juror for cause, he waived any claim with respect to said juror ( see People v. Wiegert, 248 AD2d 929; People v. Pagan, 191 AD2d 651; People v. Foster, 100 AD2d 200; see also CPL 270.20), and we decline to review this claim in the interest of justice. Viewing the evidence in the light most favorable to the People ( see People v. Contes, 60 NY2d 620), we find that the evidence adduced at trial was legally sufficient to establish defendant's guilt of menacing in the second degree beyond a reasonable doubt, in that he intentionally attempted to place the complainant in reasonable fear of physical injury or death by displaying what appeared to be a pistol, revolver, or other firearm (Penal Law § 120.14), and the verdict was not against the weight of the evidence ( see CPL 470.15). Defendant's remaining contention is without merit.