New York Supreme Court Appellate Division, First Department
May 2, 2013
THE PEOPLE OF THE STATE OF NEW YORK, 20137C/08 RESPONDENT,
WALTER PEREZ, DEFENDANT-APPELLANT.
People v Perez
Decided on May 2, 2013
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., Andrias, Saxe, Manzanet-Daniels, Gische, JJ.
Judgment, Supreme Court, Bronx County (Edward M. Davidowitz, J.), rendered May 26, 2010, convicting defendant, after a non-jury trial, of attempted aggravated harassment in the second degree and attempted endangering the welfare of a child, and sentencing him to a term of one year's probation, unanimously affirmed.
The verdict was supported by legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 ). The victim, who had known defendant for approximately two years, testified that she recognized defendant's voice on the inappropriate voicemail messages left for her. There is no basis for disturbing the court's credibility determinations regarding the identity of the caller.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: MAY 2, 2013
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