People v Ross (Shelton)

[*1] People v Ross (Shelton) 2012 NY Slip Op 50277(U) Decided on February 22, 2012 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 22, 2012
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Hunter, Jr., J.P., Shulman, Torres, JJ
. Clerk's No. 570545/09 NY County

The People of the State of New York, Respondent, - -

against

Shelton Ross, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (James Gibbons, J.), rendered June 11, 2009, after a nonjury trial, convicting him of menacing in the third degree and attempted criminal possession of a weapon in the fourth, and imposing sentence.

Per Curiam.

Judgment of conviction (James Gibbons, J.), rendered June 11, 2009, affirmed.

The verdict convicting defendant on the menacing and attempted weapon possession charges was supported by legally sufficient evidence and was not against the weight of the evidence, which showed that defendant, during a dispute in a drugstore, raised a pen over his head and made "chopping" motions while telling an approaching store security guard to "back off." The court was warranted in finding the pen to be a dangerous instrument (see generally People v Carter, 53 NY2d 113 [1981]), and that defendant's conduct went beyond mere verbal threat and constituted "physical menace" (Penal Law § 120.15).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
Decision Date: February 22, 2012