PEOPLE, res, v. ROBERT MCEACHERN, def-ap

3469. PEOPLE, res, v. ROBERT MCEACHERN, def-ap — Green & Willstatter, White Plains (Theodore S. Green of counsel), for ap — Darcel D. Clark, District Attorney, Bronx (Noah J. Chamoy of counsel), for res — Judgment, Supreme Court, Bronx County (April A. Newbauer, J.), rendered July 7, 2016, convicting defendant, after a jury trial, of reckless endangerment in the second degree and prohibited use of weapons (eight counts), and sentencing him to a conditional discharge for a period of one year, with a $1,000 fine and community service, unanimously affirmed.

Defendant’s legal sufficiency claim relating to his reckless endangerment conviction is unpreserved (see People v. Hines, 97 NY2d 56, 61 [2001]), and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. We also find that the verdict was not against the weight of the evidence with regard to any of the charges (see People v. Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s credibility determination that shots were fired by defendant, and not the driver of the car in which defendant was riding. Defendant’s creation of a risk of, at least, serious physical injury was abundantly established by evidence that, while in an intoxicated state, he fired a pistol out of the window of a moving car eight times while in a densely populated area. The record fails to support defendant’s assertion that the shots were fired in a manner that was unlikely to injure anyone.