Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Gerald Harris, J.), rendered January 4, 2005, after a nonjury trial, convicting him of stalking in the fourth degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Gerald Harris, J.), rendered January 4, 2005, affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]).
There is no basis to disturb the trial court's determinations concerning credibility. Ample evidence to support the "reasonable fear" and "no legitimate purpose" elements of fourth-degree stalking under Penal Law § 120.45(1) was presented by the complainant's clear and consistent accounts of the defendant's course of conduct.

Defendant's statutory double jeopardy claim is unpreserved, and we decline to review it in the interest of
justice. As an alternative holding, we find it lacking in merit (see People v Bryant, 92 NY2d 216, 226-227 [1998]).

Defendant's evidentiary point is similarly unpreserved and without merit. Evidence of other acts directed against the complainant resulting in defendant's prior conviction was properly admitted, since it was probative of defendant's motive and intent and provided background information explaining the sequence of events and the relationship between defendant and the complainant (see People v Ebanks, 60 AD3d 462 [2009], lv denied 12 NY3d 924 [2009]; see also People v Lack, 299 AD2d 872 [2002], lv denied 99 NY2d 583 [2003]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: December 16, 2009