Opinion
May 22, 2001.
Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered November 19, 1998, convicting defendant, after a jury trial, of reckless endangerment in the first degree, and sentencing him to a term of 2 to 7 years, unanimously affirmed.
Patricia Curran, for Respondent.
Carol A. Zeldin, for Defendant-Appellant.
Before: Williams, J.P., Ellerin, Lerner, Saxe, Buckley, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The accomplice testimony was properly corroborated (see, CPL 60.22; People v. Breland, 83 N.Y.2d 286, 292-295).
Pursuant to a preconceived plan by gang members to harass and intimidate the police, defendant threw a 34-pound garbage can from the roof of a 13-story building, barely missing a police officer. Under these facts, there was no reasonable view of the evidence to warrant submission to the jury of the lesser included offense of second-degree reckless endangerment (see, People v. Parks, A.D.2d [Mar 13, 2001], 2001 N Y App. Div. LEXIS 2437).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.