Opinion
2001-08275
Submitted September 15, 2003.
September 29, 2003.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.), rendered August 15, 2001, convicting him of aggravated harassment of an employee by an inmate (three counts), upon a jury verdict, and imposing sentence.
Salvatore C. Adamo, New York, N.Y., for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., SANDRA J. FEUERSTEIN, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish beyond a reasonable doubt the defendant's guilt of the crime of aggravated harassment of an employee by an inmate. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15).
The defendant's contention that the court's charge improperly defined reasonable doubt is unpreserved for appellate review ( see CPL 470.05). In any event, the argument is without merit. The charge, when viewed as a whole, accurately defined reasonable doubt ( see People v. Greene, 284 A.D.2d 482).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.
FLORIO, J.P., FEUERSTEIN, CRANE and RIVERA, JJ., concur.