Viewing the evidence in a light most favorable to the prosecution and giving it the benefit of every reasonable inference (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), particularly the testimony that just prior to the arrival of the police, defendant, from a distance of approximately 18 feet, assumed a combat stance, pointed a loaded cross-bow pistol at the head of his intended unarmed victim and announced he was going to kill him, we find that the evidence was sufficient as a matter of law to support a finding that defendant intended, beyond a reasonable doubt, to cause physical injury to the complainant (see, People v. Bracey, 41 N.Y.2d 296, 299-300). Nor can the sentence be deemed excessive in view of the nearly tragic result of defendant's actions and his criminal record.
Concur — Milonas, J.P., Ellerin, Kupferman and Kassal, JJ.