Opinion
2003-740 KCR.
Decided October 27, 2004.
Appeal by defendant from a judgment of the Criminal Court, Kings County (T. Farber, J.), rendered April 10, 2003, convicting him, after a bench trial, of two counts of attempted aggravated harassment in the second degree (Penal Law §§ 110.00, 240.30, [2]), and imposing sentence.
Judgment of conviction unanimously affirmed.
PRESENT: ARONIN, J.P., PATTERSON 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. Williams, 84 NY2d 925, 926), that defendant, with intent to harass, annoy, threaten, or alarm the complainant, attempted to communicate with her, anonymously or otherwise by telephone, in a manner likely to cause annoyance or alarm (Penal Law §§ 110.00, 240.30) and made a telephone call to the complainant, whether or not a conversation ensued, with no purpose of legitimate communication (Penal Law §§ 110.00, 240.30). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence ( see CPL 470.15).