People v Andrews (Todd)

[*1] People v Andrews (Todd) 2007 NY Slip Op 51986(U) [17 Misc 3d 130(A)] Decided on October 5, 2007 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 5, 2007
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., WESTON PATTERSON and BELEN, JJ
2004-331 K CR.

The People of the State of New York, Respondent,

against

Todd Andrews, Appellant.

Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Richard N. Allman, J.), rendered on February 9, 2004. The judgment convicted defendant, after a nonjury trial, of attempted assault in the third degree and attempted criminal possession of a weapon in the fourth degree.

Judgment of conviction affirmed.

Upon considering the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we conclude that it was legally sufficient to establish defendant's guilt of attempted assault in the third degree (Penal Law §§ 110.00, 120.00 [1]) and attempted criminal possession of a weapon in the fourth degree (Penal Law §§ 110.00, 265.01 [2]) beyond a reasonable doubt. The People's witnesses testified that defendant flicked open a knife, pointed it at the complainant and said he was going to kill her with it. They further testified that defendant tried to punch the complainant and threw a crate at her.

Upon the exercise of our factual review power, we are also of the view that the verdict was not against the weight of the evidence (see CPL 470.15 [5]; People v Bleakley, 69 NY2d 490, 495 [1987]).

Pesce, P.J., Weston Patterson and Belen, JJ., concur. [*2]
Decision Date: October 05, 2007