| People v Tomasulo (Robert) |
| 2013 NY Slip Op 51509(U) [40 Misc 3d 142(A)] |
| Decided on September 5, 2013 |
| Appellate Term, Second 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from a judgment of the District Court of Nassau County, First District
(Sharon M.J. Gianelli, J.), rendered August 9, 2011. The judgment, after a nonjury trial,
convicted defendant of menacing in the third degree.
ORDERED that the judgment of conviction is affirmed.
Following a nonjury trial, defendant was convicted of menacing in the third degree (Penal Law § 120.15). Defendant's contention that the People failed to disprove his alibi defense by legally sufficient evidence is unpreserved for appellate review (see People v Gray, 86 NY2d 10 [1995]), and, in any event, is without merit. Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish defendant's guilt of menacing in the third degree beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342, 349 [2007]).
Accordingly, the judgment of conviction is affirmed. [*2]
Nicolai, P.J., LaSalle and Tolbert, JJ., concur.
Decision Date: September 05, 2013