Opinion
5855.
Decided on October 27, 2011.
Judgment, Supreme Court, Bronx County (Megan Tallmer, J.), rendered June 9, 2008, convicting defendant, after a jury trial, of driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the third degree, and sentencing him to a term of 3 years' probation and a $200 fine, unanimously affirmed.
Andrew J. Baer, New York, for appellant.
Elisa Barnes, New York, for respondent.
Andrias, J.P., Sweeny, Acosta, Freedman, Manzanet-Daniels, JJ.
Order, Family Court, New York County (Diane Costanzo, Referee), entered on or about July 14, 2010, which, upon a finding that respondent committed the family offense of harassment in the second degree and violated a temporary order of protection, issued a permanent order of protection against respondent for one year, unanimously affirmed, without costs.
The determination that respondent committed the offense of harassment in the second degree and violated an order of protection, was supported by a fair preponderance of the credible evidence ( see Penal Law § 240.26; Family Court Act § 832). A witness testified that respondent followed him and petitioner for several blocks, that respondent and petitioner argued, and that the witness and petitioner walked in a different direction in an effort to avoid respondent. There exists no basis to disturb the credibility determinations of the Referee ( see Matter of Hunt v Hunt , 51 AD3d 924, 925).
We have considered respondent's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.