People v. Hernandez

123 A.D.3d 615, 998 N.Y.S.2d 51

Opinion

Judgment, Supreme Court, New York County (Daniel P. Conviser, J.), rendered August 26, 2011, convicting defendant, after a nonjury trial, of harassment in the second degree, and sentencing him to a term of 15 days, unanimously affirmed.

The court’s verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). The evidence supports the inference that when defendant swung his fist at a police officer, he did so with, at least, the intent required for second-degree harassment under 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.

Concur — Tom, J.P., Friedman, Renwick, Manzanet-Daniels and Kapnick, JJ.