Judgment, Supreme Court, New York County (Juan M. Merchan, J.), rendered October 19, 2011, convicting defendant, after a jury trial, of menacing in the second degree, and sentencing him to a term of one year, unanimously affirmed. The matter is remitted to Supreme Court, New York County, for further proceedings pursuant to CPL 460.50 (5).
To the extent defendant challenges the sufficiency of the evidence as a matter of law, that claim is unpreserved and we decline...
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