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People v Roberts (Strebor)
2007 NY Slip Op 50348(U) [14 Misc 3d 140(A)]
Decided on March 5, 2007
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on March 5, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., McCooe, Davis, JJ
570854/05.

The People of the State of New York, Respondent,

against

Strebor Roberts, Defendant-Appellant.


Defendant appeals from a judgment of the Supreme Court, Bronx County (Harold Silverman, J.), rendered June 8, 2005, after a nonjury trial, convicting him of menacing in the third degree, and imposing sentence.


PER CURIAM:

Judgment of conviction (Harold Silverman, J.), rendered June 8, 2005, affirmed.

Defendant's arguments relating to the legal sufficiency of the evidence are largely unpreserved for appellate review (see People v Gray, 86 NY2d 10 [1995]). In any event, evidence that defendant threatened the complainant and displayed and "tap[ped]" the complainant with what appeared to be a gun, causing her to feel "nervous, scared, [and] shocked," was sufficient to support defendant's conviction of third-degree menacing (see Penal Law § 120.15; People v Brown, 307 AD2d 973 [2003], lv denied 100 NY2d 641 [2003]; People v Moorehead, 2002 NY Slip Op 50426[U] [App Term, lst Dept 2002]). We also find that the verdict was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). Issues of credibility, including the weight to be given to inconsistence in testimony, were considered by the trial court, as factfinder, and there is no basis for disturbing its determinations.
This constitutes the decision and order of the court.
Decision Date: March 5, 2007