People v Beharry

People v Beharry 2010 NY Slip Op 07261 [77 AD3d 475] October 14, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 15, 2010

The People of the State of New York, Respondent,
v
Vishwa Beharry, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Joanne Legano Ross of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Maureen L. Grosdidier of counsel), for respondent.

Judgment, Supreme Court, New York County (Darcel Clark, J.), rendered February 21, 2008, convicting defendant, after a nonjury trial, of attempted criminal contempt in the second degree (two counts) and harassment in the second degree, and sentencing him to an aggregate term of 30 days, concurrent with one year of probation, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury's credibility determinations.

Defendant's remaining contentions are unavailing (see People v Correa, 15 NY3d 213 [2010]). Concur—Friedman, J.P., Nardelli, DeGrasse, Freedman and Manzanet-Daniels, JJ.