Opinion
No. 3393.
October 19, 2010.
Judgment, Supreme Court, Bronx County (George Villegas, J.), rendered March 17, 2008, convicting defendant, upon his plea of guilty, of harassment in the second degree, and sentencing him to a conditional discharge for a period of one year, unanimously affirmed.
Steven Banks, The Legal Aid Society, New York (Susan Epstein of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Jean Soo Park of counsel), for respondent.
Before: Gonzalez, P.J., Tom, Catterson, Moskowitz and Richter, JJ.
The misdemeanor complaint charging aggravated harassment was facially sufficient ( see CPL 100.40 [b]), as it set forth threatening language used by defendant that provided reasonable cause to believe that his communication was intended to harass, annoy, threaten or alarm the victim and that it was likely to cause the victim annoyance or alarm (Penal Law § 240.30).
Defendant's First Amendment argument is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits.
Defendant's remaining contentions are unavailing ( see People v Correa, 15 NY3d 213).