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The People of the State of New York v. Robert Rosado

APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


January 14, 2011

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
ROBERT ROSADO,
DEFENDANT-APPELLANT.

Per curiam.

People v Rosado (Robert)

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This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 14, 2011

PRESENT: Schoenfeld, J.P., Hunter, Jr., Torres, JJ

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Anthony J. Ferrara, J.), rendered December 18, 2008, after a non-jury trial, convicting him of harassment in the second degree, and imposing sentence.

Judgment of conviction (Anthony J. Ferrara, J.), rendered December 18, 2008, affirmed.

Defendant's present challenge to the facial sufficiency of the accusatory instrument is unavailing. The factual allegations contained in the original information were sufficient, for pleading purposes, to establish both reasonable cause to believe that defendant committed harassment in the second degree, and a prima facie case of defendant's commission of that offense (see generally People v Kalin, 12 NY3d 225 [2009]).

Defendant failed to preserve his challenge to the legal sufficiency of the trial evidence, and we decline to review it in the interest of justice. As an alternative holding, we find that the trial evidence, viewed in the light most favorable to the People, was legally sufficient to establish defendant's guilt (see People v Danielson, 9 NY3d 342 [2007]). In this connection, we note that defendant's intent to harass, annoy or alarm the complainant was readily inferable from defendant's conduct (see People v Collins, 178 AD2d 789 [1991]; see generally Matter of Marcel F., 233 AD2d 442 [1996]; cf. People v Felix, 26 Misc 3d 146[A], 2010 NY Slip Op 50476[U] [2010], lv denied 15 NY3d 749 [2010]). Moreover, after applying the appropriate standard of review (see People v Danielson, 9 NY3d at 348-349), we conclude that the verdict was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur

Decision Date: January 14, 2011

20110114

© 1992-2011 VersusLaw Inc.



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