Opinion
2021-51020
10-21-2021
The People of the State of New York, Respondent, v. Kai Williams, Appellant.
Feldman and Feldman (Steven A. Feldman of counsel), for appellant. Suffolk County District Attorney (Nicole L. Gallo of counsel), for respondent.
Unpublished Opinion
Feldman and Feldman (Steven A. Feldman of counsel), for appellant.
Suffolk County District Attorney (Nicole L. Gallo of counsel), for respondent.
PRESENT:: TERRY JANE RUDERMAN, P.J., JERRY GARGUILO, TIMOTHY S. DRISCOLL, JJ
Appeal from a judgment of the District Court of Suffolk County, First District (Edward J. Hennessey, J.), rendered November 20, 2018. The judgment convicted defendant, after a nonjury trial, of harassment in the second degree, and imposed sentence.
ORDERED that the judgment of conviction is affirmed.
Following a nonjury trial, defendant was convicted of harassment in the second degree (Penal Law § 240.26 [1]). Viewing the evidence at trial in the light most favorable to the prosecution (People v Contes, 60 N.Y.2d 620 [1983]), we find that the evidence was legally sufficient to establish defendant's guilt beyond a reasonable doubt (see People v Dietze, 75 N.Y.2d 47, 53-54 [1989]; People v Todaro, 26 N.Y.2d 325 [1970]).
Under the particular circumstances of this case, including the threat that defendant made when she told complainant, a store manager, that she "know[s] people in this town that can f**k [her] up," and defendant's aggressive and hostile conduct of pushing store items off the cashier's counter directed at the complainant, the People established the elements of harassment in the second degree (Penal Law § 240.26 [1]) beyond a reasonable doubt.
Accordingly, the judgment of conviction is affirmed.
RUDERMAN, P.J., GARGUILO and DRISCOLL, JJ., concur.