| People v Smoot (Reginald) |
| 2007 NY Slip Op 50809(U) [15 Misc 3d 136(A)] |
| Decided on April 18, 2007 |
| Appellate Term, First 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Gerald Harris, J.) rendered November 18, 2004, after a jury trial, convicting him of harassment in the second degree and imposing sentence.
PER CURIAM:
Judgment (Gerald Harris, J.), rendered November 18, 2004, affirmed.
Defendant failed to preserve his present challenge to the sufficiency of the evidence (see People v Gray, 86 NY2d 10 [1995]), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the evidence was legally sufficient to support every element of the harassment count charged, including the requisite element of intent. The fact finder reasonably could conclude that when defendant "pushed back" against the complainant probation officer to avoid being handcuffed, he did so with the intent to harass, annoy or alarm him (see Penal Law § 240.26). We also find that the verdict was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: April 18, 2007