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People v. Delvecchio

Supreme Court of New York, First Department

May 28, 2013

The People of the State of New York, 6967C/07 Respondent,
v.
Dominick Delvecchio, Defendant-Appellant.

Steven Banks, The Legal Aid Society, New York (Steven R. Berko of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Julia L. Chariott of counsel), for respondent.

Mazzarelli, J.P., Andrias, DeGrasse, Freedman, Manzanet-Daniels, JJ.

Judgment, Supreme Court, Bronx County (Barbara F. Newman, J.), rendered October 3, 2008, convicting defendant, after a nonjury trial, of attempted criminal contempt in the second degree and attempted aggravated harassment in the second degree, and sentencing him to a term of 90 days and a conditional discharge, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). There is no basis for disturbing the court's credibility determinations. There was ample evidence of defendant's guilt, including the testimony of defendant's mother-in-law, sister-in-law and estranged wife that defendant made repeated, threatening telephone calls in violation of a valid order of protection, along with an answering machine tape containing several of defendant's messages.


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