Opinion
570427/06.
Decided March 27, 2008.
Defendant appeals from a judgment of the Criminal Division of the Supreme Court, Bronx County (Judith S. Lieb, J.), rendered May 15, 2006, after a nonjury trial, convicting him of attempted aggravated harassment in the second degree, and imposing sentence.
PRESENT: McKEON, P.J., SCHOENFELD, HEITLER, JJ.
Judgment of conviction (Judith S. Lieb, J.), rendered May 15, 2006, affirmed.
The verdict was based upon legally sufficient evidence and was not against the weight of the evidence. There is no basis to disturb the court's determinations concerning credibility. Nor is there merit to defendant's contention that the People were improperly permitted to reduce the original class A misdemeanor charge of aggravated harassment in the second degree to the class B misdemeanor attempted aggravated harassment charge upon which he was ultimately convicted ( see People v Urbaez, NY3d, 2008 NY Slip Op 02084 [2008]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.