Opinion
2013-01-24
The PEOPLE of the State of New York, Respondent, v. Darryl REAVES, Defendant–Appellant.
Richard M. Greenberg, Office of Appellate Defender, New York (Molly Booth of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Karinna M. Arroyo of counsel), for respondent.
Richard M. Greenberg, Office of Appellate Defender, New York (Molly Booth of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Karinna M. Arroyo of counsel), for respondent.
Judgment, Supreme Court, New York County (Herbert J. Adlerberg, J.H.O.), rendered October 4, 2010, convicting defendant, after a nonjury trial, of menacing in the third degree, and sentencing him to a term of one year of probation, unanimously affirmed.
Defendant's legal sufficiency claim is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. We also find that the verdict was not against the weight of the evidence ( see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the court's credibility determinations. Given the surrounding circumstances, defendant's display of a knife constituted “physical menace” that was intended to intimidate the victim ( seePenal Law § 120.15).