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People v. Thomas

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


January 8, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
SIMONE THOMAS, DEFENDANT-APPELLANT.

Judgment, Criminal Division of the Supreme Court, Bronx County (Margaret Clancy, J.), rendered January 20, 2006, convicting defendant, after a non-jury trial, of two counts of attempted aggravated harassment in the second degree, and sentencing her to a conditional discharge, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Saxe, Friedman, Acosta, DeGrasse, JJ.

Docket No. 11191C/05

With respect to the conviction of attempted aggravated harassment in the second degree under Penal Law § 240.30(1), the accusatory instrument was facially sufficient, and 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]). Defendant's telephone call to the victim contained a death threat that placed the victim in reasonable fear for her safety (see People v Limages, 19 Misc 3d 395, 400 [Crim Ct, Kings County 2005]; People v Tiffany, 186 Misc 2d 917, 920-921 [Crim Ct, NY County 2001]).

With respect to the conviction relating to Penal Law § 240.30(2), defendant's challenge to the sufficiency of the accusatory instrument is without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090108

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