Opinion
2007-138 S CR.
Decided May 29, 2008.
Appeal from a judgment of the District Court of Suffolk County, First District (Toni A. Bean, J.), rendered January 11, 2007. The judgment convicted defendant, upon a jury verdict, of stalking in the fourth degree.
Judgment of conviction affirmed.
PRESENT: McCABE, J.P., TANENBAUM and SCHEINKMAN, JJ.
Contrary to defendant's contention, the accusatory instrument was legally sufficient since the supporting deposition contained adequate non-hearsay allegations to establish the elements of the crime of stalking in the fourth degree ( see CPL 100.15, 100.40; Penal Law § 120.45; People v Casey, 95 NY2d 354). In addition, viewing the evidence adduced at trial in the light most favorable to the People ( see People v Contes, 60 NY2d 620), we find it legally sufficient to establish defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the credible evidence ( see CPL 470.15; People v Danielson, 9 NY3d 342; People v Romero, 7 NY3d 633; People v Bleakley, 69 NY2d 490). Accordingly, we affirm the judgment of conviction.
McCabe, J.P., Tanenbaum and Scheinkman, JJ., concur.