PEOPLE v. HERNANDEZ (2014)

The PEOPLE of the State of New York, Respondent, v. Sabino HERNANDEZ, Defendant–Appellant.

Decided: December 23, 2014

TOM, J.P., FRIEDMAN, RENWICK, MANZANET–DANIELS, KAPNICK, JJ.

Scott A. Rosenberg, The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Vincent Rivellese of counsel), for respondent.

Judgment, Supreme Court, New York County (Daniel P. Conviser, J.), rendered August 26, 2011, convicting defendant, after a nonjury trial, of harassment in the second degree, and sentencing him to a term of 15 days, unanimously affirmed.

The court's verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 NY3d 342, 348–349 [2007] ). The evidence supports the inference that when defendant swung his fist at a police officer, he did so with, at least, the intent required for second-degree harassment under Penal Law § 240.26(1). The fact that defendant was acquitted of attempted assault, which requires a different intent, does not warrant a different conclusion.

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