PEOPLE v. NOKA (2008)

Judgment, Supreme Court, New York County (Arlene Goldberg, J.), rendered May 18, 2005, convicting defendant, after a jury trial, of stalking in the third degree, and sentencing him to a term of 1 year, unanimously affirmed.

The verdict 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] ).   There was ample evidence to support the “reasonable fear” element of third-degree stalking under Penal Law § 120.50(3).   Defendant, who had a history of making violent threats against his daughter and ex-wife, intentionally approached the women with an angry look and with one hand in his jacket pocket.   Defendant's ex-wife's testimony clearly established her reasonable fear that this familiar gesture signified the presence of a firearm and a threat to her safety, and defendant's contrary interpretation of the testimony is without merit.   On six other occasions over the course of a nine-month period, defendant reappeared in the same vicinity, and it is a reasonable inference that defendant carefully timed his appearances to coincide with the victims' pattern of commuting.   We have considered and rejected defendant's remaining arguments.