People v Lewis

People v Lewis 2012 NY Slip Op 01760 Decided on March 13, 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 March 13, 2012
Saxe, J.P., Sweeny, Freedman, Manzanet-Daniels, JJ.
7056

[*1]The People of the State of New York, Dkt. 47190C/07 Respondent,

v

Ramon Lewis, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Martin M.
Lucente of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Allen H.
Saperstein of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Barbara F. Newman, J.), rendered May 30, 2008, convicting defendant, after a nonjury trial, of harassment in the second degree, and sentencing him to a conditional discharge, unanimously affirmed.

The verdict 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 court's credibility determinations. The evidence established that defendant struck the victim with intent to harass and alarm her (see Penal Law § 240.26[1]).

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

ENTERED: MARCH 13, 2012

CLERK