People v. Nieves

283 A.D.2d 300, 726 N.Y.S.2d 71, 2001 N.Y. App. Div. LEXIS 5401

Opinion

—Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered November 19, 1998, convicting defendant, after a jury trial, of reckless endangerment in the first degree, and sentencing him to a term of 2xk to 7 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The accomplice testimony was properly corroborated (see, CPL 60.22; People v Breland, 83 NY2d 286, 292-295).

Pursuant to a preconceived plan by gang members to harass and intimidate the police, defendant threw a 34-pound garbage can from the roof of a 13-story building, barely missing a police officer. Under these facts, there was no reasonable view of the evidence to warrant submission to the jury of the lesser included offense of second-degree reckless endangerment (see, People v Parks, 281 AD2d 217). Concur — Williams, J. P., Ellerin, Lerner, Saxe and Buckley, JJ.