People v Sonee (Manoj)

[*1] People v Sonee (Manoj) 2009 NY Slip Op 52076(U) [25 Misc 3d 128(A)] Decided on October 14, 2009 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 14, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Heitler, Shulman, JJ
.

The People of the State of New York, Respondent, 570115/08

against

Manoj Sonee, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Dena E. Douglas, J.), rendered January 3, 2008, after a jury trial, convicting him of stalking in the fourth degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Dena E. Douglas, J.), rendered January 3, 2008, affirmed.

We find that the evidence, viewed in the light most favorable to the People, was legally sufficient to establish defendant's guilt (see People v Danielson, 9 NY3d 342, 349 [2007]). Moreover, after applying the appropriate standard of review (see id. at 348-349), we conclude that the verdict was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]). The nature, content and volume of the unwanted e-mails undisputedly sent to the complainant by defendant demonstrated that those communications were sent "for no legitimate purpose" and were sufficient to satisfy the "reasonable fear" element of the crime of stalking in the fourth degree (Penal Law § 120.45). The statute "properly reach[es] those delusional stalkers who believe either that their victims are in love with them or that they can win their victims' love by pursuing them" (People v Stuart, 100 NY2d 412, 427 [2003] [internal quotation marks and citation omitted]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 14, 2009