People v Rivera

People v Rivera 2010 NY Slip Op 08641 [78 AD3d 578] November 23, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 19, 2011

The People of the State of New York, Respondent,
v
Jose Rivera, Appellant.

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

Robert T. Johnson, District Attorney, Bronx (Brian J. Reimels of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Eileen Koretz, J.H.O.) rendered June 18, 2009, convicting defendant, after a nonjury trial, of harassment in the second degree and sentencing him to a conditional discharge with community service, 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]). Defendant's course of conduct, viewed as a whole, supports the inference that, regardless of whether he also intended to resist arrest, his action was intended to harass, annoy, or alarm the arresting officer.

Defendant's remaining contentions are unavailing (see People v Correa, 15 NY3d 213 [2010]). Concur—Andrias, J.P., Catterson, Moskowitz, Manzanet-Daniels and RomÁn, JJ.