| People v Obrenski (Jeffrey) |
| 2009 NY Slip Op 50049(U) [22 Misc 3d 129(A)] |
| Decided on January 12, 2009 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected in part through February 24, 2009; it will not be published in the printed Official Reports. |
Appeal from a judgment of the Criminal Court of the City of New York, Queens County
(Steven W. Paynter, J.), rendered August 12, 2004. The judgment convicted defendant, after a
nonjury trial, of menacing in the second degree.
Judgment of conviction affirmed.
Defendant's challenge to the legal sufficiency of the evidence is unpreserved for appellate review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10, 20-21 [1995]). In any event, viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish defendant's guilt of menacing in the second degree (Penal Law § 120.14 [1]) beyond a reasonable doubt. Moreover, we are satisfied that the verdict was not against the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]; People v Romero, 7 NY3d 633 [2006]). The resolution of issues of credibility is primarily a matter to be determined by the trier of fact, which saw and heard the witnesses, and its determination should be accorded great weight on appeal (see id. at 644-645). We find no basis to disturb the determination of the trial court. Accordingly, the judgment is affirmed.
Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: January 12, 2009