People v. Valath

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Sher, J.), rendered October 10, 2007, convicting him of menacing in the third degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).

Contrary to the defendant’s contention, the evidence regarding a prior incident at the home of the defendant’s family was properly admitted to establish his intent to place the complainant in fear for her physical safety or…