| People v Pysadee |
| 2003 NY Slip Op 18640 [1 AD3d 959] |
| November 21, 2003 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
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| The People of the State of New York, Respondent, v Kenneth Pysadee, Appellant. |
— Appeal from a judgment of Cattaraugus County Court (Himelein, J.), entered June 10, 2002, convicting defendant after a jury trial of aggravated harassment of an employee by an inmate.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him after a jury trial of aggravated harassment of an employee by an inmate (Penal Law § 240.32) and sentencing him to an indeterminate term of imprisonment of 1
Defendant further contends that the evidence is legally insufficient to support the conviction. We reject that contention. The People presented evidence that defendant, the only detainee in the cell block, defecated in his cell and threw the feces on the walls, door, floors and ceiling of the cell block area. They further presented evidence that the police officers on duty were unable to avoid contact with the feces in their efforts to clean the cell block area (see Penal Law § 240.32). We conclude that, when viewed in the light most favorable to the People, the evidence is legally sufficient to support the conviction (see People v Bleakley, 69 NY2d 490, 495 [1987]). The sentence is neither unduly harsh nor severe. Present—Pigott, Jr., P.J., Pine, Scudder, Gorski and Lawton, JJ.