People v Grant

People v Grant 2010 NY Slip Op 07388 [77 AD3d 488] October 19, 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
Lindon Grant, Appellant.

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

Robert T. Johnson, District Attorney, Bronx (Jean Soo Park of counsel), for respondent.

Judgment, Supreme Court, Bronx County (George Villegas, J.), rendered March 17, 2008, convicting defendant, upon his plea of guilty, of harassment in the second degree, and sentencing him to a conditional discharge for a period of one year, unanimously affirmed.

The misdemeanor complaint charging aggravated harassment was facially sufficient (see CPL 100.40 [4] [b]), as it set forth threatening language used by defendant that provided reasonable cause to believe that his communication was intended to harass, annoy, threaten or alarm the victim and that it was likely to cause the victim annoyance or alarm (Penal Law § 240.30 [1]).

Defendant's First Amendment argument is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits.

Defendant's remaining contentions are unavailing (see People v Correa, 15 NY3d 213 [2010]). Concur—Gonzalez, P.J., Tom, Catterson, Moskowitz and Richter, JJ.