We find the evidence legally sufficient to establish respondent's guilt of the crime of intimidating a witness in the third degree (Penal Law § 215.15). In so doing, we reject respondent's argument that the statute is inapplicable to attempts to coerce a complainant to "drop * * * charges" ( People v Soper, 209 A.D.2d 829, 830, lv denied 84 N.Y.2d 1039), or to instances where the complainant already has given statements or evidence to police ( People v Buchanon, 176 A.D.2d 1001). Testimony that the respondent choked the complainant, hit her in the back of the head or neck, and threatened to kill her or see her killed if the charges were not dropped, along with testimony regarding respondent's prior assault upon the victim with a box cutter, permitted the inference that the respondent instilled fear of physical injury in the victim ( see, People v Soper, supra; People v Wager, 199 A.D.2d 642, 643, lv denied 83 N.Y.2d 811). Upon an independent review of the facts, we are also satisfied that the Family Court determination was not against the weight of the evidence.
Concur — Ellerin, J.P., Wallach, Nardelli and Williams, JJ.