People v Campbell (Omar)

[*1] People v Campbell (Omar) 2004 NY Slip Op 51799(U) Decided on October 18, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 18, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: October 18, 2004 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS PRESENT : McCABE, P.J., COVELLO and TANENBAUM, JJ.
2003-524 N CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

OMAR CAMPBELL, Appellant.

Appeal by defendant from a judgment of the District Court, Nassau County (D. Sher, J.), rendered March 14, 2003, after a jury trial, convicting him of menacing in the second degree (Penal Law § 120.14 [1]) and imposing sentence.

Judgment of conviction unanimously affirmed.

Since defendant chose not to exercise one of his remaining peremptory challenges against a prospective juror after the trial court refused to strike said juror for cause, he waived any claim with respect to said juror (see People v Wiegert, 248 AD2d 929 [1998]; People v Pagan, 191 AD2d 651 [1993]; People v Foster, 100 AD2d 200 [1984]; see also CPL 270.20 [2]), and we decline to review this claim in the interest of justice. Viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), we find that the evidence adduced at trial was legally sufficient to establish defendant's guilt of menacing in the second degree beyond a reasonable doubt, in that he intentionally attempted to place the complainant in reasonable fear of physical injury or death by displaying what appeared to be a pistol, revolver, or other firearm (Penal Law § 120.14 [1]), and the verdict was not against the weight of the evidence (see CPL 470.15 [5]). Defendant's remaining contention is without merit.
Decision Date: October 18, 2004