Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Arlene R. Silverman, J.), rendered December l, 2005, after a nonjury trial, convicting him of menacing in the third degree (two counts) and harassment in the second degree, and imposing sentence.

PER CURIAM.

Judgment of conviction (Arlene R. Silverman, J.), rendered December l, 2005, affirmed.

The verdict convicting defendant on the menacing and harassment charges was supported by legally sufficient evidence and was not against the weight of the evidence, which demonstrated that defendant approached the complainant on the street, with arm extended and finger pointing, and threatened to "get" the complainant while standing within two to three feet of him. Particularly considering the defendant's prior threatening behavior targeted at the complainant — a New York City Criminal Court Judge — stemming from the defendant's acknowledged "anger" over the latter's handling of an unrelated criminal prosecution previously brought against defendant, a rational person could infer that defendant's conduct on this occasion was "intended to be taken, and could reasonably be taken, not as mere name-calling but as a real threat of physical injury"
(Matter of Ivan F., 233 AD2d 210, 211 [1996], see Matter of Kori W., 40 AD3d 479 [2007], People v Madsen, 2003 NY Slip Op 51409[U] [2003], lv denied 1 NY3d 598 [2004]). We have considered and rejected defendant's jurisdictional argument.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. [*2]
Decision Date: October 08, 2008