Opinion
570286/07.
Decided on October 7, 2008.
Defendant appeals from a judgment of the Criminal Division of Supreme Court, Bronx County (Richard Lee Price, J.), rendered March 9, 2006, after a nonjury trial, convicting him of attempted assault in the third degree and harassment in the second degree, and imposing sentence.
Judgment of conviction (Richard Lee Price, J.), rendered March 9, 2006, affirmed.
PRESENT: Davis, J.P., Schoenfeld, Heitler, JJ.
The defendant's present claim that the evidence was legally insufficient is not preserved for appellate review, since defendant never raised the specific arguments before the trial court that he seeks to raise now (see People v Gray, 86 NY2d 10). As an alternative holding, we also find that the evidence was legally sufficient to support every element of the attempted assault and harassment counts charged, including the requisite elements of intent. Furthermore, the verdict was not against the weight of the evidence ( see People v Danielson, 9 NY3d 342, 348-349). The trial court, as fact finder, reasonably could conclude that when defendant struck and kicked the complainant correction officer, he did so with intent to cause physical injury to the complainant (Penal Law § 120.00; see Matter of Keene J., 253 AD2d 679) and to harass, annoy or alarm him (Penal
Law § 240.26; see People v Collins, 178 AD2d 789). Nor was it shown that defendant's mental state at the time of the incident precluded him from forming the requisite intent ( see People v Morales, 210 AD2d 78, lv denied 85 NY2d 977).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.