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People v. Campbell

Appellate Term of the Supreme Court of New York, Second Department
Oct 18, 2004
2004 N.Y. Slip Op. 51799 (N.Y. App. Term 2004)

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.


Summaries of

People v. Campbell

Appellate Term of the Supreme Court of New York, Second Department
Oct 18, 2004
2004 N.Y. Slip Op. 51799 (N.Y. App. Term 2004)
Case details for

People v. Campbell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OMAR CAMPBELL…

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Oct 18, 2004

Citations

2004 N.Y. Slip Op. 51799 (N.Y. App. Term 2004)