Opinion
2007-1227 Q CR.
Decided January 27, 2010.
Appeal from a judgment of the Criminal Court of the City of New York, Queens County (William Harrington, J.), rendered June 8, 2007. The judgment convicted defendant, after a nonjury trial, of menacing in the third degree, attempted criminal possession of a weapon in the fourth degree and harassment in the second degree.
ORDERED that the judgment of conviction is affirmed.
PRESENT: RIOS, J.P., PESCE and GOLIA, JJ.
Defendant was charged with menacing in the second degree (Penal Law § 120.14), attempted criminal possession of a weapon in the fourth degree (Penal Law §§ 110.00, 265.01) and harassment in the second degree (Penal Law § 240.26). The charge of menacing in the second degree was subsequently reduced to menacing in the third degree (Penal Law § 120.15). At trial, the complainant, defendant's wife, testified that, during an argument, while the complainant was standing two feet away, defendant stood up from his seat at the kitchen table and raised a kitchen knife, while saying, "you bitch, I'm going to give you jail."
Upon a review of the evidence in the light most favorable to the People ( see People v Contes, 60 NY2d 620), we conclude that it was legally sufficient to establish defendant's guilt of all three charges beyond a reasonable doubt. Defendant's intent to place the complainant in fear of imminent physical injury could have been inferred from his actions ( see Penal Law § 120.15; Matter of Monay W., 33 AD3d 809, 810). This conduct could also have been interpreted as an attempt to subject the complainant to physical contact with the intent to alarm her ( see Penal Law § 240.26). Finally, the circumstances demonstrate that defendant considered the knife he held to be a weapon ( see Penal Law § 265.01; Matter of Sean R., 33 AD3d 925, 926).
Accordingly, the judgment of conviction is affirmed.
Rios, J.P., Pesce and Golia, JJ., concur.