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People v Melendez (Jorge)
2008 NY Slip Op 50807(U) [19 Misc 3d 136(A)]
Decided on April 22, 2008
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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on April 22, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Davis, Heitler, JJ
570304/07.

The People of the State of New York, Respondent,

against

Jorge Melendez, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Division of the Supreme Court, Bronx County (John Carter, J.), rendered March 28, 2007, after a nonjury trial, convicting him of harassment in the second degree, and imposing sentence.


PER CURIAM:

Judgment of conviction (John Carter, J.), rendered

March 28, 2007, affirmed.

Defendant's challenge to the sufficiency of the evidence supporting his conviction of second-degree harassment is unpreserved for appellate review (see People v Gray, 86 NY2d 10 [1995]), and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. Defendant's intent to harass, annoy or alarm the complainant, his stepson, was readily inferable from defendant's conduct in tapping him "rough[ly]" on the knee and kicking him in the back (see Matter of Marcel F., 233 AD2d 442 [1996]). We further find that the verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 22, 2008