Opinion
February 26, 2001.
Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered August 7, 1998, convicting defendant, after a nonjury trial, of criminal contempt in the first degree (two counts) and assault in the third degree, and sentencing him, as a second felony offender, to consecutive terms of 2 to 4 years and 1½ to 3 years, concurrent with a term of 1 year, unanimously affirmed.
Barbara Jane Hutter, for respondent.
Lisa Lewis, for defendant-appellant.
Before: Rosenberger, J.P., Nardelli, Andrias, Ellerin, Saxe, JJ.
The court's verdict was based on legally sufficient evidence. Moreover, the verdict was not against the weight of the evidence. Defendant's pattern of conduct provided ample evidence that "with intent to harass, annoy, threaten or alarm [the complainant]" defendant "repeatedly made telephone calls to [the complainant]" within the meaning of the statute.
We perceive no basis for reduction of sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.