People v Esposito (Salvatore)

[*1] People v Esposito (Salvatore) 2009 NY Slip Op 50804(U) [23 Misc 3d 135(A)] Decided on April 24, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 April 24, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., TANENBAUM and MOLIA, JJ
2007-1708 S CR.

The People of the State of New York, Respondent,

against

Salvatore Esposito, Appellant.

Appeal from a judgment of the District Court of Suffolk County, First District (Stephen M. Behar, J.), rendered October 29, 2007. The judgment convicted defendant, after a nonjury trial, of harassment in the second degree.

Judgment of conviction affirmed.

Contrary to defendant's contention, the evidence, when viewed in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), was legally sufficient to establish defendant's guilt of harassment in the second degree (Penal Law § 240.26 [1]). Moreover, giving much deference to the trial court's verdict, particularly with respect to its credibility determinations (see People v Lane, 7 NY3d 888, 890 [2006]; see also People v Romero, 7 NY3d 633, 644-645 [2006]), even as we conduct our own review of the evidence (see People v Danielson, 9 NY3d 342 [2007]), we find that the verdict was not against the weight of the evidence. The People's case was supported by consistent and credible testimony.

We find defendant's other contentions raised on appeal to be without merit. Accordingly, the judgment of conviction is affirmed.

Rudolph, P.J., Tanenbaum and Molia, JJ., concur.
Decision Date: April 24, 2009