PEOPLE v. PENA (2018)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Carlos PENA, Defendant–Appellant.

570189 /14

Decided: January 22, 2018

PRESENT: Shulman, P.J., Ling–Cohan, Gonzalez, JJ.

Judgment of conviction (Alvin M. Yearwood, J.), rendered January 21, 2014, affirmed.

The verdict convicting defendant of attempted criminal contempt in the second degree (see Penal Law §§ 110.00/ 215.50[3] ) and harassment in the second degree (see Penal Law § 240.26[1] ) was supported by legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court's credibility determinations. There was ample evidence of defendant's guilt, including the testimony of the complainant, defendant's estranged wife, that defendant threatened to “kill” her, in violation of a valid order of protection, as well as the testimony of a police officer who observed the visibly upset complainant and her children shortly after the incident (see People v. Kaplan, 125 AD3d 465 [2015], lv denied 25 NY3d 1203 [2015]; People v. Delvecchio, 106 AD3d 624 [2013], lv denied 22 NY3d 955 [2013] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

I concur

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network