People v Nimberger (Laszlo)

[*1] People v Nimberger (Laszlo) 2004 NY Slip Op 50836(U) Decided on July 21, 2004 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 21, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS
PRESENT:PESCE, P.J., GOLIA and RIOS, JJ.
NO. 2003-991 Q CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

LASZLO NIMBERGER, Appellant.

Appeal by defendant from a judgment of the Criminal Court, Queens County (D. Modica, J.), rendered June 4, 2003, convicting him, after a bench trial, of attempted assault in the third degree (Penal Law §§ 110.00, 120.00 [1]) and harassment in the second degree (Penal Law § 240.26 [1]), and imposing sentence.

Judgment of conviction unanimously affirmed.

Viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), we find that the circumstantial evidence adduced at trial was legally sufficient to establish, beyond a reasonable doubt (see People v Grassi, 92 NY2d 695, 697 [1999]), defendant's guilt of attempted assault in the third degree (Penal Law §§ 110.00, 120.00 [1]) and harassment in the second degree (Penal Law § 240. 26 [1]), and the verdict is not against the weight of the evidence (see CPL 470.15 [5]). Defendant's remaining contentions are not preserved for appellate review or lack merit.
Decision Date: July 21, 2004