Opinion
KA 00-01994
March 21, 2003.
Appeal from a judgment of Supreme Court, Niagara County (Lane, J.), entered July 19, 2000, convicting defendant after a jury trial of, inter alia, assault in the second degree.
JOSEPH F. TOWNSEND, PUBLIC DEFENDER, LOCKPORT (JOSEPH G. FRAZIER OF COUNSEL), FOR DEFENDANT-APPELLANT.
MATTHEW J. MURPHY, III, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., GREEN, WISNER, BURNS, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
We reject the contention of defendant that the verdict convicting him of assault in the second degree (Penal Law § 120.05) and menacing in the second degree (§ 120.14 [1]) is against the weight of the evidence (see People v. Bleakley, 69 N.Y.2d 490, 495). We reject the further contention of defendant that he was denied a fair trial when Supreme Court stated in its jury charge that this "[is] not a complicated case." The court was merely explaining to the jury why it was not necessary for the court to summarize the testimony of the witnesses (cf. People v. Mabry, 58 A.D.2d 897). Defendant's remaining contentions are not preserved for our review (see CPL 470.05), and we decline to exercise our power to review them as a matter of discretion in the interest of justice (see 470.15 [6] [a]).