Opinion
2003-330 Q CR.
Decided June 7, 2005.
Appeal by defendant from a judgment of the Criminal Court, Queens County (W. Erlbaum, J.), rendered January 24, 2003, convicting him of attempted assault in the third degree (Penal Law §§ 110.00, 120.00) and harassment in the second degree (Penal Law § 240.26), and imposing sentence.
Judgment of conviction unanimously affirmed.
Before: PRESENT: PESCE, P.J., PATTERSON and BELEN, JJ.
On this appeal, defendant contends in part that the People failed to establish his guilt beyond a reasonable doubt and that the verdict was against the weight of the evidence. Viewing the evidence in the light most favorable to the prosecution ( People v. Contes, 60 NY2d 620), we find that it was legally sufficient to establish defendant's guilt beyond a reasonable doubt. At trial, the court was presented with two versions as to what occurred. In such instances, on review of a conviction, where there is any evidence of guilt, the question of reasonable doubt must be left to the trier of fact, who saw and heard the witnesses, and the verdict will not be disturbed unless it is perfectly clear that it is against the weight of the evidence ( see People v. Atlas, 183 App Div 595, affd 230 NY 629; People v. Gaimari, 176 NY 84, 94; People v. Garafolo, 44 AD2d 86, 88). Upon the exercise of our factual review power, we are satisfied that the verdict of guilty was not against the weight of the evidence (CPL 470.15). Finally, we note that the remaining issues raised by defendant were considered and found to be without merit.