People v Urbaez (Marcos)

[*1] People v Urbaez (Marcos) 2007 NY Slip Op 50156(U) [14 Misc 3d 135(A)] Decided on January 31, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on January 31, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKEON, P.J., McCOOE, SCHOENFELD, JJ
570091/05.

People of the State of New York, Respondent,

against

Marcos Urbaez, Defendant-Appellant.

Defendant appeals from a judgment of the Supreme Court, Bronx County (Diane Kiesel, J.), rendered December 21, 2004, after a nonjury trial, convicting him of attempted aggravated harassment in the second degree and harassment in the second degree, and imposing sentence.

PER CURIAM

Judgment of conviction (Diane Kiesel, J.), rendered December 21, 2004, affirmed.

The verdict was based upon legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis to disturb the court's determinations concerning credibility. Nor is there any merit to defendant's contention that the People were improperly permitted to reduce the original class A misdemeanor charge of aggravated harassment in the second degree to the class B misdemeanor attempted aggravated harassment charge upon which he was ultimately convicted. That defendant would have been entitled to a jury trial if prosecuted on the original aggravated harassment charge does not provide a basis to deny the otherwise appropriate reduction (see People v Hodges, NYLJ, Jan. 14, 1997, at 26, col 3 [App Term, 1st Dept], lv denied 89 NY2d 1094 [1997]; People v Williams, 120 Misc 3d 68 [1983]).
This constitutes the decision and order of the court.
I concurI concurI concur
Decision Date: January 31, 2007