The People v. Ofori-Awuku
Cite as: The People v. Ofori-Awuku, 570654/10, NYLJ 1202587225611, at *1 (App. Tm., 1st, Decided October 22, 2012)
Before: Lowe, III, P.J., Schoenfeld, Torres, JJ.
Decided: October 22, 2012
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (James M. Burke, J.), rendered May 19, 2010, after a nonjury trial, convicting him of harassment in the second degree, and imposing sentence.
Judgment of conviction (James M. Burke, J.), rendered May 19, 2010, affirmed.
Defendant's conviction of second-degree harassment was supported by legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the trial court's credibility determinations. The court, as factfinder, reasonably could conclude that when defendant grabbed the complainant (his wife) by the neck and struck her repeatedly, he did so with the
requisite intent to harass, annoy or alarm her (Penal Law §240.26; see People v. Collins, 178 AD2d 789 ). We have considered and rejected defendant's jurisdictional point.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.