PEOPLE v. JACKSON (2019)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Steven JACKSON, Defendant-Appellant.

570280 /16

Decided: December 20, 2019

PRESENT: Shulman, P.J., Edmead, J.

Judgment of conviction (Laurence E. Busching, J.), rendered March 30, 2016, affirmed.

The verdict convicting defendant of second-degree harassment (see Penal Law 240.26[1]) was supported by legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis upon which to disturb the court's determinations concerning credibility, including its rejection of defendant's testimony. The People's proof demonstrated that during a domestic dispute, defendant grabbed complainant by her arms for 15-20 seconds before pushing her into a kitchen counter. Defendant's intent to “harass, annoy or alarm” (Penal Law § 240.26) can be inferred from his course of conduct (see People v. Mack, 76 AD3d 467, 468 [2010], lv denied 15 NY3d 922 [2010]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

I concur I concur

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