| People v Rasmus |
| 2025 NY Slip Op 05106 [241 AD3d 1591] |
| September 24, 2025 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Antonio Rasmus, Appellant. |
Andrew E. MacAskill, Garden City, NY, for appellant.
Anne T. Donnelly, District Attorney, Mineola, NY (Tammy J. Smiley and Jared A. Chester of counsel), for respondent.
Crimes
- Harassment
- Endangering Welfare of Child
- Weight of Evidence
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Philippe Solages, Jr., J.), rendered September 20, 2023, convicting him of harassment in the second degree (two counts) and endangering the welfare of a child, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
On the evening of August 25, 2021, during the course of a heated verbal exchange, the defendant, inter alia, tossed water in his adult daughter's face and shoved his adult son. The altercation was witnessed by the defendant's 13-year-old daughter, who recorded the altercation on her cell phone and called 911. After a jury trial, the defendant was convicted of two counts of harassment in the second degree and endangering the welfare of a child. The defendant appeals.
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 [2007]), we nevertheless accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 NY3d 383, 410 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]). LaSalle, P.J., Chambers, Ford and McCormack, JJ., concur.