PEOPLE v. THOMAS (2009)

Judgment, Criminal Division of the Supreme Court, Bronx County (Margaret Clancy, J.), rendered January 20, 2006, convicting defendant, after a nonjury trial, of two counts of attempted aggravated harassment in the second degree, and sentencing her to a conditional discharge, unanimously affirmed.

With respect to the conviction of attempted aggravated harassment in the second degree under Penal Law § 240.30(1), the accusatory instrument was facially sufficient, and the verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348-349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ).   Defendant's telephone call to the victim contained a death threat that placed the victim in reasonable fear for her safety (see People v. Limage, 19 Misc.3d 395, 400, 851 N.Y.S.2d 852 [Crim. Ct., Kings County 2008];  People v. Tiffany, 186 Misc.2d 917, 920-921, 721 N.Y.S.2d 741 [Crim. Ct., N.Y. County 2001] ).

With respect to the conviction relating to Penal Law § 240.30(2), defendant's challenge to the sufficiency of the accusatory instrument is without merit.