People v Ramsey

People v Ramsey 2010 NY Slip Op 07391 [77 AD3d 489] 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
Edward Ramsey, Appellant.

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

Robert T. Johnson, District Attorney, Bronx (Allen H. Saperstein of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Analisa Torres, J.), rendered September 29, 2006, convicting defendant, after a nonjury trial, of attempted assault in the third degree and harassment in the second degree, and sentencing him to concurrent terms of 60 days and a conditional discharge, unanimously affirmed.

The verdict was based on legally sufficient evidence. Although the victim did not testify, there was ample circumstantial evidence, including, among other things, testimony as to the victim's screams for help, to establish every element of the crimes at issue. Concur—Gonzalez, P.J., Tom, Catterson, Moskowitz and Richter, JJ.