Torts · MBE-tested

The People of the State of New York, Respondent, v. Sabino Hernandez, Appellant

123 A.D.3d 615998 N.Y.S.2d 51·New York Supreme Court, Appellate Division·2014·NY

Concur — Tom, J.P., Friedman, Renwick, Manzanet-Daniels and Kapnick, JJ.

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Opinion

The People of the State of New York, Respondent, v Sabino Hernandez, Appellant. [998 NYS2d 51] [MAJORITY] 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. Concur — Tom, J.P., Friedman, Renwick, Manzanet-Daniels and Kapnick, JJ.