Opinion
KA 04-01400.
June 10, 2005.
Appeal from a judgment of the Wyoming County Court (Michael F. Griffith, J.), rendered March 23, 2004. The judgment convicted defendant, upon a jury verdict, of aggravated harassment of an employee by an inmate.
NORMAN P. EFFMAN, PUBLIC DEFENDER, ATTICA (SUSAN K. JONES OF COUNSEL), FOR DEFENDANT-APPELLANT.
Before: Scudder, J.P., Kehoe, Smith, Pine and Hayes, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of aggravated harassment of an employee by an inmate (Penal Law § 240.32). Defendant has failed to preserve for our review his sole contention that the evidence is legally insufficient to support the conviction ( see People v. Hines, 97 NY2d 56, 61, rearg denied 97 NY2d 678; see also People v. Sweeney, 15 AD3d 917). In any event, we reject that contention ( see People v. Pysadee, 1 AD3d 959, 960, lv denied 2 NY3d 744; see also People v. Burkett, 12 AD3d 1196, 1197, lv denied 4 NY3d 762; People v. Moore, 308 AD2d 599, 600, lv denied 1 NY3d 576; see generally People v. Bleakley, 69 NY2d 490, 495).