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People v. Nimberger

Appellate Term of the Supreme Court of New York, Second Department
Jul 21, 2004
2004 N.Y. Slip Op. 50836 (N.Y. App. Term 2004)

Opinion

2003-991 Q CR.

Decided July 21, 2004.

Appeal by defendant from a judgment of the Criminal Court, Queens County (D. Modica, J.), rendered June 4, 2003, convicting him, after a bench trial, 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.

PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.


Viewing the evidence in the light most favorable to the People ( see People v. Contes, 60 NY2d 620), we find that the circumstantial evidence adduced at trial was legally sufficient to establish, beyond a reasonable doubt ( see People v. Grassi, 92 NY2d 695, 697), defendant's guilt of attempted assault in the third degree (Penal Law §§ 110.00, 120.00) and harassment in the second degree (Penal Law § 240.26), and the verdict is not against the weight of the evidence ( see CPL 470.15). Defendant's remaining contentions are not preserved for appellate review or lack merit.


Summaries of

People v. Nimberger

Appellate Term of the Supreme Court of New York, Second Department
Jul 21, 2004
2004 N.Y. Slip Op. 50836 (N.Y. App. Term 2004)
Case details for

People v. Nimberger

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LASZLO NIMBERGER…

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Jul 21, 2004

Citations

2004 N.Y. Slip Op. 50836 (N.Y. App. Term 2004)