Opinion
2005-1912 K CR.
Decided on November 20, 2008.
Appeal from a judgment of the Criminal Court of the City of New York, Kings County (James M. Burke, J.), rendered November 21, 2005. The judgment convicted defendant, after a nonjury trial, of attempted assault in the third degree and harassment in the second degree.
Judgment of conviction affirmed.
PRESENT: WESTON PATTERSON, J.P., GOLIA and STEINHARDT, JJ.
Following a nonjury trial, defendant was convicted of attempted assault in the third degree (Penal Law §§ 110.00, 120.00) and harassment in the second degree (Penal Law § 240.26). Defendant's claim that the evidence was legally insufficient to support the verdict is not preserved ( see People v Lane, 7 NY3d 888, 889), and we decline to reach it in the interest of justice. Were we to reach the issue, we would find that the evidence, viewed in the light most favorable to the People ( see People v Contes, 60 NY2d 620, 621), was legally sufficient. Moreover, giving much deference to the lower court's verdict, particularly with respect to its credibility determinations ( see People v Lane, 7 NY3d at 890), even as we conduct our own review of the evidence ( see People v Danielson, 9 NY3d 342; People v Bleakley, 69 NY2d 490), we find that the verdict was not against the weight of the evidence. Finally, in our view, the court did not improvidently exercise its discretion in denying the defense request for an adjournment for the purpose of having a second opportunity to present a witness to testify to defendant's reputation for peacefulness.
Weston Patterson, J.P., Golia and Steinhardt, JJ., concur.