SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
April 24, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
JOVAN FULTON, DEFENDANT-APPELLANT.
Appeal from a judgment of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), rendered May 30, 2006. The judgment convicted defendant, upon a jury verdict, of menacing in the second degree and criminal possession of a weapon in the third degree.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
PRESENT: HURLBUTT, J.P., MARTOCHE, CENTRA, PINE, AND GORSKI, JJ.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Defendant appeals from a judgment convicting him upon a jury verdict of menacing in the second degree (Penal Law § 120.14 ) and criminal possession of a weapon in the third degree (§ 265.02 ). Defendant failed to preserve for our review his contention that the evidence is legally insufficient to support the conviction (see People v Gray, 86 NY2d 10, 19). Furthermore, viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349), we conclude that the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495). 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 AD3d 818, 819, lv denied 7 NY3d 756, 765; see People v Ogborn, 57 AD3d 1430), and we see no reason to disturb the jury's resolution of credibility issues (see generally Bleakley, 69 NY2d at 495).
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