Opinion
570648/06.
Decided November 6, 2009.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Melissa C. Jackson, J.), rendered July 5, 2006, convicting him, upon a plea of guilty, of aggravated harassment in the second degree, and imposing sentence.
PRESENT: McKeon, P.J., Shulman, Hunter, JJ.
Judgment of conviction (Melissa C. Jackson, J.), rendered July 5, 2006, affirmed.
We find unavailing defendant's present challenge to the facial sufficiency of the underlying information. Allegations that defendant appeared at the complainant's office and gave her a letter accompanied by sexually explicit materials, repeatedly appeared uninvited at the complainant's office, and stood behind and stared at the complainant in a subway car, were sufficient, for pleading purposes ( see CPL 100.15; 100.40[1]), to establish prima facie defendant's commission of aggravated harassment in the second degree ( see Penal Law § 240.30; see generally People v Johnson, 208 AD2d 1051, lv denied 85 NY2d 910) and stalking in the fourth degree ( see Penal Law § 120.45; see generally People v Stuart, 100 NY2d 412), the offenses with which defendant was charged.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.