| People v Ofori-Awuku (Seth) |
| 2012 NY Slip Op 52009(U) [37 Misc 3d 132(A)] |
| Decided on October 22, 2012 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 (James M. Burke, J.), rendered May 19, 2010, after a nonjury trial, convicting him
of harassment in the second degree, and imposing sentence.
Per Curiam.
Judgment of conviction (James M. Burke, J.), rendered May 19, 2010, affirmed.
Defendant's conviction of second-degree harassment was supported by legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the trial court's credibility determinations. The court, as factfinder, reasonably could conclude that when defendant grabbed the complainant (his wife) by the neck and struck her repeatedly, he did so with the requisite intent to harass, annoy or alarm her (Penal Law § 240.26; see People v Collins, 178 AD2d 789 [1991]). We have considered and rejected defendant's jurisdictional point.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 22, 2012