PEOPLE v. FULTON (2009)

Defendant appeals from a judgment convicting him upon a jury verdict of menacing in the second degree (Penal Law § 120.14[1] ) and criminal possession of a weapon in the third degree (§ 265.02[1] ).   Defendant failed to preserve for our review his contention that the evidence is legally insufficient to support the conviction (see People v. Gray, 86 N.Y.2d 10, 19, 629 N.Y.S.2d 173, 652 N.E.2d 919).   Furthermore, viewing the evidence in light of the elements of the crimes as charged to the jury (see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1), we conclude that the verdict is not against the weight of the evidence (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).   The testimony of the People's witnesses was not “ ‘so unworthy of belief as to be incredible as a matter of law’ ” (People v. Woods, 26 A.D.3d 818, 819, 810 N.Y.S.2d 274, lv. denied 7 N.Y.3d 756, 765, 819 N.Y.S.2d 882, 890, 853 N.E.2d 253, 261;  see People v. Ogborn, 57 A.D.3d 1430, 869 N.Y.S.2d 713), and we see no reason to disturb the jury's resolution of credibility issues (see generally Bleakley, 69 N.Y.2d at 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

MEMORANDUM: