People v. Betts

Appellate Division of the Supreme Court of New York

People v. Betts

232 A.D.2d 258, 648 N.Y.S.2d 301, 1996 N.Y. App. Div. LEXIS 10244

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

DecidedOctober 17, 1996

StatusPublished

Cited by2 cases

This text of 232 A.D.2d 258 (People v. Betts) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Betts, 232 A.D.2d 258, 648 N.Y.S.2d 301, 1996 N.Y. App. Div. LEXIS 10244 (N.Y. Ct. App. 1996).

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Opinion

—Judgment, Supreme Court, New York County (Mary McGowan Davis, J.), rendered August 18, 1993, convicting defendant, after a jury trial, of criminal mischief in the second degree, and sentencing him to terms of 6 months imprisonment and A112 years probation, unanimously modified, on the law, to the extent of reducing the conviction to criminal mischief in the third degree, and remanding the matter to the Supreme Court for resentencing.

The proof at trial was legally sufficient to establish that the reasonable cost of repairs to the complainant’s automobile exceeded $250, but legally insufficient to establish that such cost exceeded $1,500. We modify the judgment accordingly (Penal Law §§ 145.05, 145.10; see, People v Hoppe, 184 AD2d 582) and remand for resentencing (CPL 470.20 [4]).

Reargument granted, and upon reargument, the unpublished decision and order of this Court entered on April 4, 1996 is recalled and vacated, and a new decision and order substituted therefor. Concur—Sullivan, J. P., Wallach, Kupferman, Nardelli and Tom, JJ.

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—Judgment, Supreme Court, New York County (Mary McGowan Davis, J.), rendered August 18, 1993, convicting defendant, after a jury trial, of criminal mischief in the second degree, and sentencing him to terms of 6 months imprisonment and A112 years probation, unanimously modified, on the law, to the extent of reducing the conviction to criminal mischief in the third degree, and remanding the matter to the Supreme Court for resentencing.

The proof at trial was legally sufficient to establish that the reasonable cost of repairs to the complainant’s automobile exceeded $250, but legally insufficient to establish that such cost exceeded $1,500. We modify the judgment accordingly (Penal Law §§ 145.05, 145.10; see, People v Hoppe, 184 AD2d 582) and remand for resentencing (CPL 470.20 [4]).

Reargument granted, and upon reargument, the unpublished decision and order of this Court entered on April 4, 1996 is recalled and vacated, and a new decision and order substituted therefor. Concur—Sullivan, J. P., Wallach, Kupferman, Nardelli and Tom, JJ.

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Bluebook (online)

232 A.D.2d 258, 648 N.Y.S.2d 301, 1996 N.Y. App. Div. LEXIS 10244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-betts-nyappdiv-1996.

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