Opinion
No. 2013–1318 N CR.
09-18-2015
The PEOPLE of the State of New York, Respondent, v. Joseph PEZZA, Appellant.
Opinion
ORDERED that the judgment of conviction is affirmed.
Defendant was charged in an accusatory instrument with harassment in the second degree (Penal Law § 240.261 ). At a nonjury trial, the testimony revealed that the complainant, an attorney, was representing a client in a divorce action when defendant, the boyfriend of the client's wife, approached the complainant in the hallway of an office building where a deposition of the wife was taking place, cursed at him, “chest bumped” him in the head, and spit in his face. Following the trial, the District Court found defendant guilty as charged.
In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.155; People Danielson, 9 NY3d 342 2007 ), we accord great deference to the factfinder's opportunity to view the witnesses, hear their testimony, and observe their demeanor (see People v. Lane, 7 NY3d 888, 890 2006; People v. Mateo, 2 NY3d 383, 410 2004; People v. Bleakley, 69 N.Y.2d 490, 495 1987 ). Here, the uncontroverted evidence demonstrated that defendant subjected the complainant to physical contact, thereby establishing this element of Penal Law § 240.26(1) (see e.g. People v. Simmons, 42 Misc.3d 462 [Crim Ct, Bronx County 2013]; People v. Carlson, 183 Misc.2d 630 [Crim Ct, N.Y. County 1999] ). Moreover, defendant's intent to harass, annoy or alarm the complainant could be inferred from both defendant's verbal and physical actions, i.e., “from the act itself,” as well as from defendant's threatening conduct arising from his apparent anger at the complainant's questioning of defendant's girlfriend during the deposition, i.e., “defendant's conduct and the surrounding circumstances” (People v. Bracey, 41 N.Y.2d 296, 301 1977; see also People v. McGee, 204 A.D.2d 353 1994; People v. Griffin, 31 Misc.3d 130[A], 2011 N.Y. Slip Op 50574[U] [App Term, 9th & 10th Jud Dists 2011]; People v. Strong, 179 Misc.2d 809 App Term, 9th & 10th Jud Dists 1999 ). In view of the foregoing, we find that the verdict convicting defendant of harassment in the second degree in violation of Penal Law § 240.26(1) was not against the weight of the evidence (see People v. Romero, 7 NY3d 633 2006 ).
Accordingly, the judgment of conviction is affirmed.
TOLBERT, J.P., MARANO and CONNOLLY, JJ., concur.