Opinion
2013-05-2
The PEOPLE of the State of New York, Respondent, v. Walter PEREZ, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Carl S. Kaplan of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Bari L. Kamlet of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Carl S. Kaplan of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Bari L. Kamlet of counsel), for respondent.
Judgment, Supreme Court, Bronx County (Edward M. Davidowitz, J.), rendered May 26, 2010, convicting defendant, after a nonjury trial, of attempted aggravated harassment in the second degree and attempted endangering the welfare of a child, and sentencing him to a term of one year's probation, unanimously affirmed.
The verdict was supported by legally sufficient evidence and was not against the weight of the evidence ( see *870People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). The victim, who had known defendant for approximately two years, testified that she recognized defendant's voice on the inappropriate voicemail messages left for her. There is no basis for disturbing the court's credibility determinations regarding the identity of the caller.