People v. Pittman

• Decision Date: 14 October 2010
• Citation: 77 A.D.3d 483,908 N.Y.S.2d 579
• Parties: The PEOPLE of the State of New York, Respondent, v. Anthony PITTMAN, Defendant-Appellant.
• Court: New York Supreme Court — Appellate Division

908 N.Y.S.2d 579 77 A.D.3d 483 The PEOPLE of the State of New York, Respondent, v. Anthony PITTMAN, Defendant-Appellant. Supreme Court, Appellate Division, First Department, New York. Oct. 14, 2010.

Steven Banks, The Legal Aid Society, New York (Michael C. Taglieri of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Thomas R. Villecco of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Darcel D. Clark, J.), rendered November 27, 2007, convicting defendant, after a nonjury trial, of harassment in the second degree, and sentencing him to a conditional discharge, unanimously affirmed.

Defendant's challenge to the sufficiency of the evidence is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we find that the verdict was based on legally sufficient evidence. We further find that it was not against the weight of the evidence ( see People v. Danielson, 9 N.Y.3d 342, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the court's credibility determinations. The requisite intent for second-degree harassment may be inferred from defendant's actions.

Defendant's remaining contentions are unavailing ( see People v. Correa, 15 N.Y.3d 213, 907 N.Y.S.2d 106, 933 N.E.2d 705 [2010] ).

FRIEDMAN, J.P., NARDELLI, DeGRASSE, FREEDMAN, MANZANET-DANIELS, JJ., concur.