PER CURIAM.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (James Gibbons, J.), rendered June 11, 2009, after a nonjury trial, convicting him of menacing in the third degree and attempted criminal possession of a weapon in the fourth, and imposing sentence.
Present: HUNTER, JR., J.P., SHULMAN, TORRES, JJ.
PER CURIAM.
Judgment of conviction (James Gibbons, J.), rendered June 11, 2009, affirmed.
The verdict convicting defendant on the menacing and attempted weapon possession charges was supported by legally sufficient evidence and was not against the weight of the evidence, which showed that defendant, during a dispute in a drugstore, raised a pen over his head and made “chopping” motions while telling an approaching store security guard to “back off.” The court was warranted in finding the pen to be a dangerous instrument ( see generally People v. Carter, 53 N.Y.2d 113 [1981] ), and that defendant's conduct went beyond mere verbal threat and constituted “physical menace” (Penal Law § 120.15).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.