Opinion
2015-06-09
The PEOPLE of the State of New York, Respondent, v. Jesus VEGA, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Cheryl Williams of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (John T. Hughes of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Cheryl Williams of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (John T. Hughes of counsel), for respondent.
FRIEDMAN, J.P., ACOSTA, MOSKOWITZ, RICHTER, FEINMAN, JJ.
Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered March 6, 2012, convicting defendant, after a jury trial, of criminal contempt in the first degree, and sentencing him, as a second felony offender, to a term of 1 3/4 to 3 1/2 years, unanimously affirmed.
The evidence was legally sufficient to establish each of the elements of criminal contempt in the first degree (Penal Law § 215.51 [b] [iv] ). To the extent defendant argues that the evidence was legally insufficient to establish his intent to harass, annoy, threaten or alarm the victim, it is not fully preserved, as this argument was never made to the trial court. Defendant's only claim before the trial court was that there was insufficient proof that he did not act with a legitimate purpose. Even if defendant's present claim could be deemed to be adequately preserved, we would reject it. When viewed in the context of defendant's abusive relationship with the victim, and the orders of protection against defendant, the evidence supports the conclusion that defendant called the victim with the requisite intent to harass, annoy, threaten or alarm her and with no legitimate purpose ( see People v. Tomasky, 36 A.D.3d 1025, 1026, 828 N.Y.S.2d 625 [3d Dept.2007], lv. denied8 N.Y.3d 927, 834 N.Y.S.2d 518, 866 N.E.2d 464 [2007] ). The evidence also sufficiently established the element of identity, and the requirement that the calls be made repeatedly.
We perceive no basis for reducing the sentence.