Opinion
2001-729 Q CR.
Decided October 28, 2003.
Appeal by defendant from a judgment of the Criminal Court, Kings County (A. Agate, J.), rendered on May 3, 2001, convicting him of attempted aggravated harassment in the second degree (Penal Law §§ 110.00, 240.30) and attempted criminal contempt in the second degree (Penal Law §§ 110.00, 215.50), and imposing sentence. Judgment of conviction unanimously affirmed.
PRESENT: PESCE, P.J., PATTERSON and RIOS, JJ.
Contrary to the contention by the defendant, the accusatory instrument charging him with aggravated harassment in the second degree is jurisdictionally sufficient on its face (CPL 100.15; 100.40). Furthermore, intent may be inferred from defendant's conduct of threatening to kill the complainant and his family ( see People v. Bracey, 41 NY2d 296, 301; People v. Douglas, 291 AD2d 455).
The verdict finding defendant guilty of attempted criminal contempt in the second degree is not against the weight of the evidence ( see CPL 470.15). The evidence adduced at trial established that the People's witnesses observed defendant write on several occasions and the weight to be accorded to their identification testimony with regard to the subject letters was a proper matter for consideration by the trier of fact ( Hammond v. Varian, 54 NY 398; People v. Clark, 122 AD2d 389; see Prince, Richardson on Evidence § 7-318 [Farrell 11th ed]).