Opinion
October 28, 1997
Appeal from Supreme Court, Bronx County (Elbert Hinkson, J.).
Contrary to defendant's argument, the jury verdict convicting him of attempted robbery in the first degree was not against the weight of the evidence. There was ample evidence that defendant, while demanding money from his parents, waved a knife in the direction of his father in a threatening manner, and we see no reason to disturb the jury's credibility determinations in this regard.
Defendant's challenge to the sufficiency of the evidence supporting his burglary conviction is unpreserved ( People v. Gray, 86 N.Y.2d 10), and we decline to review it in the interest of justice. Were we to review it, we would find that there was ample evidence that defendant entered with intent to commit a crime.
In light of defendant's persistent disruptive and assaultive behavior in the courtroom, his failure to heed warnings to behave, and his breaches of his own promises to do so, the court was under no obligation to offer defendant additional chances to improve his behavior, and properly removed him from the courtroom ( see, People v. Smith, 209 A.D.2d 267, lv denied 85 N.Y.2d 866).
We have considered defendant's remaining contentions and find them to be without merit.
Concur — Ellerin, J.P., Rubin, Tom, Mazzarelli and Andrias, JJ.