The court's finding was based on legally insufficient evidence. A person commits the crime of third-degree menacing when, "by physical menace, he or she intentionally places or attempts to place another person in fear of death, imminent serious physical injury or physical injury" (Penal Law § 120.15). According to the complainant's testimony, while appellant's companion made physically menacing gestures and stated, "Get out of my face, before I cut you, you Mexican,...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
