| People v Elek (Gisele) |
| 2008 NY Slip Op 51434(U) [20 Misc 3d 131(A)] |
| Decided on July 2, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 Justice Court of the Town of Monroe, Orange County (Jack J.
Rosenthal, J.), rendered April 17, 2007. The judgment convicted defendant, after a nonjury trial,
of harassment in the second degree.
Judgment of conviction affirmed.
After a nonjury trial, defendant was convicted of harassment in the second degree (Penal Law § 240.26). Giving deference to the findings of the lower court with respect to credibility (see People v Lane, 7 NY3d 888, 890 [2006]; see also People v Romero, 7 NY3d 633, 644-645 [2006]), even as we conduct our own review of the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]), we reject defendant's argument to the effect that the verdict was against the weight of the evidence (see People v Danielson, 9 NY3d 342 [2007]; see also Penal Law § 240.26 [1], [3]; People v Farmer, 36 NY2d 386 [1975]; People v Todaro, 26 NY2d 325 [1970]; People v Carcel, 3 NY2d 327 [1957]). We note that defendant's argument that the testimony of the complainant is belied by an audiovisual recording of the incident in question is not properly before this Court, as the recording was not introduced into evidence at trial (see generally People v Potts, 49 AD3d 782, 783 [2008]).
McCabe and Scheinkman, JJ., concur.
Rudolph, P.J., taking no part.