Opinion
No. 2012–396 K CR.
04-09-2015
The PEOPLE of the State of New York, Respondent, v. Randolph FREEMAN, Appellant.
Opinion
Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Shawndya L. Simpson, J.), rendered January 12, 2012. The judgment convicted defendant, after a nonjury trial, of attempted assault in the third degree and harassment in the second degree.
ORDERED that the judgment of conviction is affirmed.
Following a nonjury trial, defendant was convicted of attempted assault in the third degree (Penal Law §§ 110.00, 120.00[1] ) and harassment in the second degree (Penal Law § 240.26[1] ).
Defendant's challenge to the legal sufficiency of the evidence is unpreserved for appellate review since he failed to raise in the trial court the specific arguments he makes on appeal (see CPL 470.05[2] ; People v. Hawkins, 11 N.Y.3d 484, 491–492 [2008] ; People v. Hines, 97 N.Y.2d 56, 61 [2001] ; People v. Gray, 86 N.Y.2d 10 [1995] ). In any event, upon a review of the evidence, viewed in the light most favorable to the People (see People v. Contes, 60 N.Y.2d 620 [1983] ), we find that it was legally sufficient to establish defendant's guilt, beyond a reasonable doubt, of attempted assault in the third degree and harassment in the second degree.
Furthermore, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15[5] ; People v. Danielson, 9 N.Y.3d 342, 348–349 [2007] ), we accord great deference to the factfinder's opportunity to view the witnesses, hear their testimony, observe their demeanor, and assess their credibility (see People v. Mateo, 2 N.Y.3d 383, 410 [2004] ; People v. Bleakley, 69 N.Y.2d 490, 495 [1987] ). Upon a review of the record, we are satisfied that the verdict convicting defendant of attempted assault in the third degree and harassment in the second degree was not against the weight of the evidence (see People v. Romero, 7 N.Y.3d 633, 643–646 [2006] ).
Accordingly, the judgment of conviction is affirmed.
PESCE, P.J., WESTON and ALLIOTA, JJ., concur.