Appeal by defendant from a judgment of the Criminal Court, Kings County

(T. Farber, J.), rendered April 10, 2003, convicting him, after a bench trial, of two counts of attempted aggravated harassment in the second degree (Penal Law §§ 110.00, 240.30 [1], [2]), and imposing sentence.

Judgment of conviction unanimously affirmed.

Viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), we find that the circumstantial evidence adduced at
trial was legally sufficient to establish, beyond a reasonable doubt (see People v Williams, 84 NY2d 925, 926 [1994]), that defendant, with intent to harass, annoy, threaten, or alarm the complainant, attempted to communicate with her, anonymously or otherwise by telephone, in a manner likely to cause annoyance or alarm (Penal Law §§ 110.00, 240.30 [1]) and made a telephone call to the complainant, whether or not a conversation ensued, with no purpose of legitimate communication (Penal Law §§ 110.00, 240.30 [2]). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see CPL 470.15 [5]). [*2]
Decision Date: October 27, 2004