Opinion
2008-312 K CR.
Decided on July 13, 2009.
Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Miriam Cyrulnik, J.), rendered January 9, 2008. The judgment convicted defendant, after a nonjury trial, of attempted criminal contempt in the second degree.
Judgment of conviction affirmed.
PRESENT: PESCE, P.J., WESTON and STEINHARDT, JJ.
Upon a review of the record on appeal, we are of the opinion that the evidence, when viewed in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 630), was legally sufficient to establish defendant's guilt of attempted criminal contempt in the second degree (Penal Law §§ 110.00, 215.50). 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 (CPL 470.15; People v Danielson, 9 NY3d 342). We note that defendant conceded that he entered the vestibule of the complainant's apartment building, where he encountered the complainant. Said act constituted, at the very least, an attempt to violate the order of protection, pursuant to which defendant was required to stay away from the complainant and her home ( see People v McDonald, 287 AD2d 655, 657).
As we find defendant's other contentions raised on appeal to be without merit or unpreserved for appellate review, the judgment of conviction is affirmed.
Weston and Steinhardt, JJ., concur.
Pesce, P.J., taking no part.