People v Campbell (Vaughn)

[*1] People v Campbell (Vaughn) 2016 NY Slip Op 50064(U) Decided on January 20, 2016 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 20, 2016
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., Ling-Cohan, JJ.
570680/13

The People of the State of New York, Respondent, -

against

Vaughn Campbell, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Alvin M. Yearwood, J.), rendered July 2, 2013, after a nonjury trial, convicting him of harassment in the second degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Alvin M. Yearwood, J.), rendered July 2, 2013, affirmed.

Defendant's conviction of second-degree harassment 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 trial court's credibility determinations. The court, as factfinder, reasonably could conclude that when defendant lunged at a corrections officer and punched him in the face, he did so with the requisite intent to harass, annoy or alarm him (Penal Law § 240.26 [1]). "The fact that defendant was acquitted of attempted assault, which requires a different intent, does not warrant a different conclusion" (People v Hernandez, 123 AD3d 615 [2014], lv denied 25 NY3d 1165 [2015]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: January 20, 2016