| People v Schaffer (Robert) |
| 2006 NY Slip Op 52276(U) [13 Misc 3d 142(A)] |
| Decided on November 24, 2006 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from judgments of the District Court of Suffolk County, First District (W. Gerald Asher), rendered September 19, 2005. The judgments convicted defendant, after a nonjury trial, of two charges of harassment in the second degree.
Judgments of conviction affirmed.
Defendant's contention that the evidence was legally insufficient to prove his guilt of two charges of harassment in the second degree beyond a reasonable doubt was not preserved for appellate review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10
[1995]). In any event, viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), we find it was legally sufficient to establish defendant's guilt of harassment in the second degree (Penal Law § 240.26 [3]) beyond a reasonable doubt as to each charge.
We have reviewed defendant's remaining contentions and find them to be lacking in merit.
Angiolillo, J.P., McCabe and Tanenbaum, JJ., concur.
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Decision Date: November 24, 2006