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Appellate Term, First Department: May 18, 2020

Appellate Term, First Department: May 18, 2020

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By: Shulman, P.J., Cooper, Edmead, JJ.

13-254. PEOPLE OF THE STATE OF NEW YORK, res, v. KENNETH FLEETWOOD, def-app — Judgment of conviction (Rita M. Mella, J.), rendered July 19, 2012, affirmed. Defendant’s challenge to the legal sufficiency of the evidence is partially unpreserved for appellate review (see People v. Hawkins, 11 NY3d 484, 492 [2008]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish defendant’s guilt of attempted assault in the third degree (see Penal Law §§110.00, 120.00[1]) and harassment in the second degree (see Penal Law §240.26[1]) beyond a reasonable doubt. The evidence warranted the conclusion that when defendant hit complainant in the ear and punched her twice in the chest with a closed fist during a domestic dispute, he did so with the intent to cause physical injury (see Penal Law §120.00[1]; Matter of Edward H., 61 AD3d 473 [2009]; Matter of Marcel F., 233 AD2d 442, 442-443 [1996]), and with the intent to harass, annoy and alarm (see Penal Law §240.26; People v. Mack, 76 AD3d 467, 468 [2010], lv denied 15 NY3d 922 [2010]). Nor was the verdict 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 trial court’s determinations concerning credibility, including its rejection of defendant’s version of events. All concur. THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

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