PEOPLE v. WILLIAMS (2021)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Kai WILLIAMS, Appellant.

2018-2576 S CR

Decided: October 21, 2021

PRESENT: TERRY JANE RUDERMAN, P.J., JERRY GARGUILO, TIMOTHY S. DRISCOLL, JJ.

Feldman and Feldman (Steven A. Feldman of counsel), for appellant. Suffolk County District Attorney (Nicole L. Gallo of counsel), for respondent.

ORDERED that the judgment of conviction is affirmed.

Following a nonjury trial, defendant was convicted of harassment in the second degree (Penal Law § 240.26 [1]). Viewing the evidence at trial in the light most favorable to the prosecution (People v Contes, 60 NY2d 620 [1983]), we find that the evidence was legally sufficient to establish defendant's guilt beyond a reasonable doubt (see People v Dietze, 75 NY2d 47, 53-54 [1989]; People v Todaro, 26 NY2d 325 [1970]).

Under the particular circumstances of this case, including the threat that defendant made when she told complainant, a store manager, that she “know[s] people in this town that can f**k [her] up,” and defendant's aggressive and hostile conduct of pushing store items off the cashier's counter directed at the complainant, the People established the elements of harassment in the second degree (Penal Law § 240.26 [1]) beyond a reasonable doubt.

Accordingly, the judgment of conviction is affirmed.

RUDERMAN, P.J., GARGUILO and DRISCOLL, JJ., concur.

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