THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. ROBERT KNIGHTON DEFENDANT APPELLANT (2013)

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum:  On appeal from a judgment convicting him upon a nonjury verdict of criminal contempt in the first degree (Penal Law § 215.51[c] ), defendant contends that the verdict is against the weight of the evidence.   We reject that contention.   Viewing the evidence in light of the elements of the crime in this nonjury trial (see People v. Danielson, 9 NY3d 342, 349), and affording great deference to County Court's credibility determinations (see People v. White, 43 AD3d 1407, 1408, lv denied 9 NY3d 1010), we conclude that the verdict is not against the weight of the evidence (see generally People v. Bleakley, 69 N.Y.2d 490, 495).   We note, however, that the certificate of conviction incorrectly recites that defendant was convicted of criminal contempt in the first degree under Penal Law § 215.51(b)(v), and it must therefore be amended to reflect that he was convicted of that crime under Penal Law § 215.51(c) (see People v. Saxton, 32 AD3d 1286, 1286).

Frances E. Cafarell

Clerk of the Court