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People v Freeman (Randolph)
2015 NY Slip Op 50586(U) [47 Misc 3d 138(A)]
Decided on April 9, 2015
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected in part through June 5, 2015; it will not be published in the printed Official Reports.


Decided on April 9, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON and ALIOTTA, JJ.
2012-396 K CR

The People of the State of New York, Respondent,

against

Randolph Freeman, Appellant.


Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Shawndya L. Simpson, J.), rendered January 12, 2012. The judgment convicted defendant, after a nonjury trial, of attempted assault in the third degree and harassment in the second degree.

ORDERED that the judgment of conviction is affirmed.

Following a nonjury trial, defendant was convicted of attempted assault in the third degree (Penal Law §§ 110.00, 120.00 [1]) and harassment in the second degree (Penal Law § 240.26 [1]).

Defendant's challenge to the legal sufficiency of the evidence is unpreserved for appellate review since he failed to raise in the trial court the specific arguments he makes on appeal (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484, 491-492 [2008]; People v Hines, 97 NY2d 56, 61 [2001]; People v Gray, 86 NY2d 10 [1995]). In any event, upon a review of the evidence, viewed in the light most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish defendant's guilt, beyond a reasonable doubt, of attempted assault in the third degree and harassment in the second degree.

Furthermore, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342, 348-349 [2007]), we accord great deference to the factfinder's opportunity to view the witnesses, hear their testimony, observe their demeanor, and assess their credibility (see People v Mateo, 2 NY3d 383, 410 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon a review of the record, we are satisfied that the verdict convicting defendant of attempted assault in the third degree and harassment in the second degree was not against the weight of the evidence (see People v Romero, 7 NY3d 633, 643-646 [2006]).

Accordingly, the judgment of conviction is affirmed.

Pesce, P.J., Weston and Aliotta, JJ., concur.


Decision Date: April 09, 2015