Appeal by defendant from a judgment of the District Court, Nassau County (S. Kluewer, J.), rendered October 27, 2003, convicting him, after a jury trial, of assault in the third degree (Penal Law § 120.00 [2]) and harassment in the second degree (Penal Law § 240.26 [1]), and imposing sentence.

Judgment of conviction unanimously affirmed.

Defendant was initially charged, by a misdemeanor complaint, with intentional assault in the third degree (Penal Law § 120.00 [1]). Prior to trial, defendant was charged, by a prosecutor's information, with the additional counts of reckless assault in the third degree (Penal Law § 120.00 [2]) and harassment in the second degree (Penal
Law § 240.26 [1]). Following deliberations, defendant was acquitted of intentional assault in the third degree and convicted of reckless assault in the third degree and harassment in the second degree.

Viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), we find that the evidence adduced at trial was legally sufficient to establish, beyond a reasonable doubt, defendant's guilt of reckless assault in the third degree and harassment in the second degree. 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]). Contrary to defendant's contention, the prosecutor's information clearly contains sufficient facts to support the reckless assault in the third degree count (see CPL 100.50; People v Thomas, 4 NY3d 143 [2005]). Defendant's remaining contentions are unpreserved for appellate review or lack merit.
Decision Date: June 24, 2005