People v Vargas

People v Vargas 2012 NY Slip Op 00045 Decided on January 5, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 5, 2012
Saxe, J.P., Sweeny, Moskowitz, Manzanet-Daniels, Román, JJ.
6492

[*1]The People of the State of New York, Docket 70340C/07 Respondent,

v

Marco Angelo Vargas, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Sheilah
Fernandez of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Bari L. Kamlet of
counsel), for respondent.

Judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered November 21, 2008, convicting defendant, after a nonjury trial, of harassment in the second degree, and sentencing him to a conditional discharge and five days of community service, unanimously affirmed.

Defendant's challenge to the sufficiency of the evidence is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we find that the verdict was supported by legally sufficient evidence. We also find that the verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). The totality of defendant's conduct supports the conclusion that defendant intended to harass, annoy or alarm the arresting officer, irrespective of whether he also intended to resist arrest (see People v Rivera, 78 AD3d 578 [2010], lv denied 16 NY3d 745 [2011]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 5, 2012

CLERK