PEOPLE v. ARNONE (2005)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. James ARNONE, Defendant-Appellant.

Decided: June 14, 2005

TOM, J.P., ANDRIAS, MARLOW, SULLIVAN, CATTERSON, JJ.

Robert S. Dean, Center for Appellate Litigation, New York (Jonathan M. Kirshbaum of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Gina Mignola of counsel), for respondent.

Judgment, Supreme Court, New York County (Herbert I. Altman, J. on motion; John Cataldo, J. at jury trial and sentence), rendered March 27, 2002, convicting defendant of attempted grand larceny in the second degree, and sentencing him to a term of 1 1/313 to 4 years, unanimously affirmed.

Contrary to defendant's contention on appeal that the verdict was against the weight of the evidence, we find after reviewing this record that the People's proof was overwhelming. The evidence established that defendant deceptively and repeatedly made thinly veiled threats (see People v. Dioguardi, 8 N.Y.2d 260, 269-270, 203 N.Y.S.2d 870, 168 N.E.2d 683 [1960] ) that defendant or other persons would harm the complainant or his family if the money being demanded was not paid.

Defendant's challenge to the legal sufficiency of the grand jury evidence is foreclosed by CPL 210.30(6) and is without merit in any event.

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