People v Teague (Brendan)

[*1] People v Teague (Brendan) 2004 NY Slip Op 51676(U) Decided on December 21, 2004 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 This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 21, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: McCABE, P.J., COVELLO and TANENBAUM, JJ.
2004-48 S CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

BRENDAN TEAGUE, Appellant.

Appeal by defendant from a judgment of the District Court, Suffolk County

(J. Santorelli, J.), rendered January 5, 2004, convicting him of menacing in the second degree (Penal Law § 120.14 [1]) and imposing sentence.

Judgment of conviction unanimously affirmed.

The evidence presented at trial, when viewed in the light most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), was legally sufficient to establish defendant's guilt 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]). As to defendant's contention that the court's interjection during cross-examination of the complainant deprived defendant of a fair trial, by not raising an objection at trial, defendant failed to preserve said issue for appellate review (see CPL 470.05 [2]). In any event, even if said issue were properly before this court, since the court's limited questioning of complainant was designed to clarify her testimony so as to avoid misleading the trier of fact, the court's interjection was proper (cf. People v Arnold, 98 NY2d 63 [2002]). We further note that defendant was tried and found guilty upon proof which established all the elements of the crime including reasonable fear. Finally, the information together with the supporting deposition were sufficient to satisfy the criteria set forth in the Criminal Procedure Law (CPL 100.40, 100.15; [*2]see also People v Zambounis, 251 NY 94 [1929]; People v Shea, 68 Misc 2d 271 [1971]).
Decision Date: December 21, 2004