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PEOPLE v. APONTE

2006-1133 QCR.

24 Misc.3d 118 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERBERT APONTE, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided June 29, 2009.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Steven Banks and Jonathan Garelick of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens (John M. Castellano, Ellen C. Abbot and Bradley Chain of counsel), for respondent.

WESTON, J.P., GOLIA and RIOS, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Judgment of conviction, insofar as appealed from, affirmed.

The accusatory instrument charged defendant with, inter alia, stalking in the third degree (Penal Law § 120.50 [3]) and harassment in the first degree (Penal Law § 240.25). After a nonjury trial, defendant was found guilty of, as relevant to this appeal, attempted stalking in the third degree (Penal Law §§ 110.00, 120.50 [3]) and harassment...

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