Opinion
2013-09-17
The PEOPLE of the State of New York, Respondent, v. Dean NASCA, Appellant.
In view of the foregoing, in determining whether the verdict was against the weight of the evidence ( seeCPL 470.15[5]; People v. Danielson, 9 NY3d 342 [2007] ), we consider only the testimony regarding the events of January 18, 2011 and find that the complainant's testimony sufficiently established that, on that date, defendant had, with the requisite intent, engaged in “a course of conduct” which constituted harassment in the second degree under Penal Law § 240.26(3) ( see People v. Curko, 34 Misc.3d 159[A], 2012 N.Y. Slip Op 50444[U] ). However, as a matter of discretion in the interest of justice, we modify the judgment of conviction by deleting the portion of the sentence which imposed a three-day term of incarceration with an alternative of completing 14 hours of community service.