Opinion
No. 5003.
January 8, 2009.
Judgment, Criminal Division of the Supreme Court, Bronx County (Margaret Clancy, J.), rendered January 20, 2006, convicting defendant, after a nonjury trial, of two counts of attempted aggravated harassment in the second degree, and sentencing her to a conditional discharge, unanimously affirmed.
Steven Banks, The Legal Aid Society, New York (Sheilah Fernandez of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Hannah E.C. Moore of counsel), for respondent.
Before: Mazzarelli, J.P., Saxe, Friedman, Acosta and DeGrasse, JJ.
With respect to the conviction of attempted aggravated harassment in the second degree under Penal Law § 240.30 (1), the accusatory instrument was facially sufficient, and the verdict was based on legally sufficient evidence and was not against the weight of the evidence ( see People v Danielson, 9 NY3d 342, 348-349). Defendant's telephone call to the victim contained a death threat that placed the victim in reasonable fear for her safety ( see People v Limage, 19 Misc 3d 395, 400 [Crim Ct, Kings County 2008]; People v Tiffany, 186 Misc 2d 917, 920-921 [Crim Ct, NY County 2001]).
With respect to the conviction relating to Penal Law § 240.30 (2), defendant's challenge to the sufficiency of the accusatory instrument is without merit.