Opinion
No. KA 06-01723.
April 24, 2009.
Appeal from a judgment of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), rendered May 30, 2006. The judgment convicted defendant, upon a jury verdict, of menacing in the second degree and criminal possession of a weapon in the third degree.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (GERALD T. BARTH OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR RESPONDENT.
Present: Hurlbutt, J.P., Martoche, Centra, Pine and Gorski, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of menacing in the second degree (Penal Law § 120.14) and criminal possession of a weapon in the third degree (§ 265.02 [1]). Defendant failed to preserve for our review his contention that the evidence is legally insufficient to support the conviction ( see People v Gray, 86 NY2d 10, 19). Furthermore, viewing the evidence in light of the elements of the crimes as charged to the jury ( see People v Danielson, 9 NY3d 342, 349), we conclude that the verdict is not against the weight of the evidence ( see generally People v Bleakley, 69 NY2d 490, 495). The testimony of the People's witnesses was not "`so unworthy of belief as to be incredible as a matter of law'" ( People v Woods, 26 AD3d 818, 819, lv denied 7 NY3d 765; see People v Ogborn, 57 AD3d 1430), and we see no reason to disturb the jury's resolution of credibility issues ( see generally Bleakley, 69 NY2d at 495).