Legal Opinion

People v. Rosner

Appellate Division of the Supreme Court of the State of New York

Decided March 24, 2009Published

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Sher, J), rendered May 2, 2007, convicting him of harassment in the second degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contentions, in effect, that the People failed to present legally sufficient evidence to disprove his justification defense and to establish that he intended to harass, annoy, and/or alarm the complainant are unpreserved for appellate review (see CPL 470.05; People v Finger, 95 NY2d 894, 895 [2000]; People v Hawkins, 11 NY3d 484 [2008]).

Co…

2Cases cited8 opinions

  1. People v. BaldiNew York Court of Appeals · 1981
  2. People v. BeneventoNew York Court of Appeals · 1998
  3. People v. HawkinsNew York Court of Appeals · 2008
  4. People v. FingerNew York Court of Appeals · 2000
  5. People v. MorganAppellate Division of the Supreme Court of the State of New York · 1991

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