Opinion
Argued December 18, 1974
Decided December 20, 1974
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JAMES N. WHITE, J.
Richard A. Insogna for Christopher Cionek and Peter Cionek, appellants.
John J. Mycek for David Sisario, appellant.
William E. Moore for Lawrence Hidde, appellant.
Howard M. Aison for William Pacillo, appellant.
Charles E. Hardies, Jr., District Attorney, for respondent.
MEMORANDUM. We conclude that the trial court properly submitted to the jury the crime of menacing (Penal Law, § 120.15). Under the particular facts of this case menacing was a lesser included offense with respect to assault in the second degree (CPL 1.20, subd. 37), and there was a reasonable view of the evidence in this record which would have supported a finding that each of the defendants committed such lesser offense but did not commit the greater (CPL 300.50). Similarly we conclude that there was sufficient evidence to sustain the convictions.
We have examined defendants' other contentions and find them to be without merit.
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur.
Orders affirmed in a memorandum.