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.
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 ). 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.
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