Opinion
No. 570263/16
02-16-2023
Unpublished Opinion
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Linda Poust Lopez, J.), rendered March 29, 2016, convicting him, after a nonjury trial, of attempted criminal contempt in the second degree, and imposing sentence.
PRESENT: Hagler, P.J., Tisch, James, JJ.
PER CURIAM.
Judgment of conviction (Linda Poust Lopez, J.), rendered March 29, 2016, affirmed.
The verdict convicting defendant of attempted criminal contempt in the second degree (see Penal Law §§ 110, 215.50[3]) was supported by legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348-349 [2007]). There is no basis upon which to disturb the trial court's determinations concerning credibility, including its rejection of defendant's version of events. There was ample evidence of defendant's guilt, including the credited testimony of the complaining witness that she came "face to face" with defendant in the lobby of her apartment building as she was leaving for work, an act that constituted, at a minimum, an attempt to violate a valid order of protection directing defendant to stay away from complainant and her home (see People v Naradzay, 11 N.Y.3d 460, 466 [2008]; People v Kaplan, 125 A.D.3d 465 [2015], lv denied 25 N.Y.3d 1203 [2015]; People v Eva, 24 Misc.3d 136 [A], 2009 NY Slip Op 51506[U] App Term, 2nd Dept, 2d, 11th & 13th Jud Dists 2009]).