People v Malcolm (James)

[*1] People v Malcolm (James) 2007 NY Slip Op 51874(U) [17 Misc 3d 127(A)] Decided on October 4, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 4, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McCOOE, J.P., SCHOENFELD, HEITLER, JJ
570180/06.

People of the State of New York, Respondent,

against

James Malcolm a/k/a Malcolm James, Defendant-Appellant.

Defendant appeals from a judgment of the Supreme Court, Bronx County (Ralph A. Fabrizio, J.), rendered February 27, 2006, after a nonjury trial, convicting him of harassment in the second degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Ralph A. Fabrizio, J.), rendered February 27, 2006, affirmed.
The verdict convicting defendant of second-degree
harassment was based on legally sufficient evidence and was not against the weight of the evidence, notwithstanding defendant's acquittal of the attempted assault charge (see People v Rayam, 94 NY2d 557 [2000]). There was ample evidence to establish defendant's identity as the person who "sucker punched" the complainant from behind, including defendant's own incriminating statement and the complainant's observation of defendant running from the scene (see People v Moore, 264 AD2d 693 [1999], lv denied 94 NY2d 826 [1999]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 4, 2007