| People v Gonzalez (Jose) |
| 2008 NY Slip Op 51131(U) [19 Misc 3d 145(A)] |
| Decided on May 29, 2008 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 a judgment of the District Court of Suffolk County, First District (Toni A.
Bean, J.), rendered January 11, 2007. The judgment convicted defendant, upon a jury verdict, of
stalking in the fourth degree.
Judgment of conviction affirmed.
Contrary to defendant's contention, the accusatory instrument was legally sufficient since the supporting deposition contained adequate non-hearsay allegations to establish the elements of the crime of stalking in the fourth degree (see CPL 100.15, 100.40; Penal Law § 120.45; People v Casey, 95 NY2d 354 [2000]). In addition, viewing the evidence adduced at trial in the light most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), we find it legally sufficient to establish defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the credible evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]; People v Romero, 7 NY3d 633 [2006]; People v Bleakley, 69 NY2d 490 [1987]). Accordingly, we affirm the judgment of conviction.
McCabe, J.P., Tanenbaum and Scheinkman, JJ., concur.
Decision Date: May 29, 2008