People v. Lagano
| Decision Date | 03 March 2023 |
| Docket Number | 2019-980 RI CR |
| Citation | 2023 NY Slip Op 50283 (U) |
| Parties | The People of the State of New York, Respondent, v. Anthony Lagano, Appellant. |
| Court | New York Supreme Court — Appellate Term |
Unpublished Opinion
Brill Legal Group, P.C. (Peter E. Brill of counsel), for appellant.
Richmond County District Attorney (Morrie I. Kleinbart and Thomas B. Litsky of counsel), for respondent.
PRESENT:: CHEREÉ A. BUGGS, J.P., LISA S. OTTLEY LOURDES M. VENTURA, JJ
Appeal from a judgment of the Criminal Court of the City of New York, Richmond County (Raja Rajeswari, J.), rendered April 12, 2019. The judgment convicted defendant, after a nonjury trial, of harassment in the second degree, and imposed sentence. By decision and order dated July 30, 2021, this court reversed the judgment of conviction on the ground that the evidence was legally insufficient to establish defendant's guilt of harassment in the second degree beyond a reasonable doubt (People v Lagano, 72 Misc.3d 138[A], 2021 NY Slip Op 50767[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2021]). On December 13, 2022, the Court of Appeals reversed the decision and order of this court and remitted the matter to this court for a determination of the facts and issues raised but not determined in this court's prior decision (People v Lagano, 39 N.Y.3d 108 [2022]).
ORDERED that the judgment of conviction is affirmed.
In a misdemeanor information dated May 30, 2017, defendant was charged with aggravated harassment in the second degree (Penal Law § 240.30 [1] [a]). One year later, the People filed a prosecutor's information, charging defendant with one count of aggravated harassment in the second degree and one count of harassment in the second degree (Penal Law § 240.26 [1]). Thereafter, the count charging defendant with aggravated harassment in the second degree was reduced to attempted aggravated harassment in the second degree.
The case proceeded to a nonjury trial on October 29, 2018 and after trial, defendant was convicted of harassment in the second degree (Penal Law § 240.26 [1]), and was acquitted of the other charge. By decision and order dated July 30, 2021, this court reversed the judgment of conviction on the ground that the evidence at trial was legally insufficient to establish defendant's guilt of harassment in the second degree beyond a reasonable doubt (People v Lagano, 72 Misc.3d 138[A], 2021 NY Slip Op 50767[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2021]). On December 13, 2022, the Court of Appeals reversed the decision and order of this court, concluding that the evidence was legally sufficient to establish defendant's guilt, and remitted the matter to this court for a determination of the facts and issues raised but not determined on the appeal (People v Lagano, 39 N.Y.3d 108 [2022]).
Defendant's challenge to the count of the prosecutor's information charging him with harassment in the second degree is without merit. Pursuant to CPL 100.50 (2), the People properly filed a superseding prosecutor's information that added the new charge of harassment in the second degree based on the factual allegation set forth in the original information.
Defendant further contends that the judgment convicting him of harassment in the second degree should be reversed since he was not arraigned on that charge. However, even if defendant was never properly arraigned, the error is...
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