Opinion
Nos. 570086/18 18-334
05-16-2023
The People of the State of New York, Respondent, v. Henry Gonzalez, Defendant-Appellant.
Unpublished Opinion
PRESENT: Hagler, P.J., Tisch, Michael, JJ.
PER CURIAM
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Lyle E. Frank, J. at trial and sentencing; Phyllis Chu, J. at resentencing), rendered August 15, 2018, after a nonjury trial, convicting him of harassment in the second degree, and imposing sentence.
Judgment of conviction (Lyle E. Frank, J. at trial and sentencing; Phyllis Chu, J. at resentencing), rendered August 15, 2018, affirmed.
The verdict convicting the defendant of harassment in the second degree (see Penal Law § 240.26[1]) 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]). The evidence, including photographs of the victim's injuries, established that defendant slapped the victim's face during a domestic dispute and did so with the intent to harass, annoy or alarm (see Penal Law § 240.26; People v Mack, 76 A.D.3d 467, 468 [2010], lv denied 15 N.Y.3d 922 [2010]). Inconsistencies in the witness's testimony and other matters bearing on credibility were properly placed before the trier of fact, and we find no reason to disturb its determination.