Opinion
570762/02.
Decided October 30, 2003.
Defendant appeals from a judgment of the Criminal Court, New York County, rendered May 24, 2002 after a nonjury trial (Analisa Torres, J.) convicting him of menacing in the third degree (Penal Law § 120.15) and harassment in the second degree (Penal Law § 240.26), and imposing sentence.
Judgment of conviction rendered May 24, 2002 (Analisa Torres, J.) affirmed.
PRESENT: LUCINDO SUAREZ, P.J., WILLIAM P. McCOOE, PHYLLIS GANGEL-JACOB, Justices.
The verdict convicting defendant on the menacing and harassment charges was not against the weight of the evidence, which demonstrated that defendant raised his fist and threatened to hit the complainant while standing "very close" to her. The evidence established that defendant's conduct went beyond a mere verbal threat, and constituted "physical menace" (Penal Law § 120.15). Issues of credibility, as well as the weight to be accorded to the evidence presented are primarily questions to be determined by the finder of fact, in this case the trial court, which saw and heard the witnesses ( People v. Gaimari, 176 NY 84, 94).
This constitutes the decision and order of the court.