People v. Knowings (Herman)

70 Misc. 3d 141(A), 2021 NY Slip Op 50138(U)

• Court: Appellate Terms of the Supreme Court of New York
• Decided: February 19, 2021
• Docket: 570270/17
• Status: Unpublished

Opinion

People v Knowings (2021 NY Slip Op 50138(U)) [*1]

People v Knowings (Herman)

2021 NY Slip Op 50138(U) [70 Misc 3d 141(A)]

Decided on February 19, 2021

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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 19, 2021

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Edmead, P.J., Higgitt, Brigantti, JJ.
570270/17

The People of the State of New York, Respondent,

against

Herman Knowings, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Kate Paek, J.), rendered March 23, 2017, after a nonjury trial, convicting him of two counts of attempted aggravated harassment in the second degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Kate Paek, J.), rendered March 23, 2017, affirmed.

The prosecutor's information was jurisdictionally valid because the information it superseded contained factual allegations establishing every element of the aggravated harassment offenses charged (see Penal Law § 240.30) and the defendant's commission thereof (see People v Inserra, 4 NY3d 30, 32 [2004]). The information recited that complainant and defendant were both employed at an organization known as Project Renewal at a time when another employee of the organization was sexually assaulted and killed in an incident that was "in the news, and widely known among employees." The information further recited that approximately two months after the murder, when defendant "no longer worked" for Project Renewal, he telephoned complainant, the person "responsible for staffing employees," and stated "I do not like the way you let me go. Another Project Renewal employee is going to be in the news. You bitch."

Giving these allegations "a fair and not overly restrictive or technical reading" (People v Casey, 95 NY2d 354, 360 [2000]), we find "as a matter of common sense and reasonable pleading" (People v Davis, 13 NY3d 17, 31 [2009]), that they were sufficient to support a finding that defendant made a "genuine threat[] of physical harm" (People v Dietze, 75 NY2d 47, 54 [1989]), which is outside the purview of First Amendment protections (75NY2d at 52-54), and placed complainant in reasonable fear of harmful physical contact (see People v Thomas, 58 AD3d 445 [2009], lv denied 12 NY3d 788 [2009]).

The verdict was supported by legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-9 [2007]). There is no basis for [*2]disturbing the Court's credibility determinations, including its rejection of defendant's testimony.

All concur.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Clerk of the Court
Decision Date: February 19, 2021