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People v. Hernandez

123 A.D.3d 615 Court N.Y. App. Div. Decision date 2014-12-23 English

Judges Concur — Tom, J.P., Friedman, Renwick, Manzanet-Daniels and Kapnick, JJ.

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p. 615
The People of the State of New York, Respondent, v Sabino Hernandez, Appellant.
[998 NYS2d 51]

Judgment, Supreme Court, New York County (Daniel P.

p. 616
Conviser, J.), rendered August 26, 2011, convicting defendant, after a nonjury trial, of harassment in the second degree, and sentencing him to a term of 15 days, unanimously affirmed.

The court’s 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 [2007]). The evidence supports the inference that when defendant swung his fist at a police officer, he did so with, at least, the intent required for second-degree harassment under Penal Law § 240.26 (1). The fact that defendant was acquitted of attempted assault, which requires a different intent, does not warrant a different conclusion.

Concur — Tom, J.P., Friedman, Renwick, Manzanet-Daniels and Kapnick, JJ.

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