Opinion
2002-07426.
Decided June 14, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Katz, J.), rendered July 25, 2002, convicting him of reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Warren S. Landau of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Ushir Pandit of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, ROBERT W. SCHMIDT, STEVEN W. FISHER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's challenge to the legal sufficiency of the evidence is unpreserved for appellate review ( see CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Bynum, 70 N.Y.2d 858). In any event, the People adduced legally sufficient evidence at trial demonstrating that the defendant created a "grave risk of death to another person," which supported his conviction for reckless endangerment in the first degree (Penal Law § 120.25). The evidence adduced at trial established that the defendant aimed a loaded gun at the complainant, and fired it within close proximity to the complainant. Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt ( see People v. Teets, 293 A.D.2d 766). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15; People v. Bonner, 5 A.D.3d 500).
The verdict was not repugnant notwithstanding the acquittal on the charges of robbery in the first degree, criminal possession of a weapon in the second and third degrees, and menacing in the second degree ( see People v. Rayam, 94 N.Y.2d 557; People v. Tucker, 55 N.Y.2d 1; People v. Miller, 282 A.D.2d 550).
SANTUCCI, J.P., S. MILLER, SCHMIDT and FISHER, JJ., concur.