People v Correa

People v Correa 2010 NY Slip Op 06147 [75 AD3d 478] July 20, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, September 1, 2010

The People of the State of New York, Respondent,
v
Edgar Correa, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Harold V. Ferguson, Jr., of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Justin J. Braun of counsel), for respondent.

Upon remittitur from the Court of Appeals (— NY3d —, 2010 NY Slip Op 04662 [June 3, 2010]) for consideration of the facts and issues raised on the appeal but not yet determined, judgment, Supreme Court, Bronx County (Robert G. Seewald, J.), rendered September 27, 2006, convicting defendant, after a nonjury trial, of harassment in the second degree, and sentencing him to a term of 15 days, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The evidence supports the inference (see People v Getch, 50 NY2d 456, 465 [1980]) that at the time defendant struggled with his wife, grabbed her by her hair and slammed her into a wall, he did so with the intent to harass, annoy or alarm her (see Penal Law § 240.26). Concur—Andrias, J.P., Nardelli, Catterson, Acosta and DeGrasse, JJ.