People v. Culver

Appellate Division of the Supreme Court of New York

People v. Culver

34 A.D.3d 1270, 823 N.Y.S.2d 709

Appellate Division of the Supreme Court of the State of New York·Decided November 17, 2006·Published·Cited by 3 cases

Opinion

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered September 9, 2004. The judgment convicted defendant, upon a jury verdict, of criminal mischief in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting her upon a jury verdict of criminal mischief in the second degree (Penal Law § 145.10). The general motion to dismiss by defendant did not preserve for our review her contention concerning the alleged legal insufficiency of the evidence (see People v Gray, 86 NY2d 10, 19 [1995]). In any event, the evidence is legally sufficient to establish that defendant damaged the vehicle at issue and that the damage to such vehicle exceeded $1,500 (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). Also contrary to defendant’s contention, the verdict is not against the weight of the evidence (see generally id.). Present—Scudder, J.P., Martoche, Centra and Pine, JJ.

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Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered September 9, 2004. The judgment convicted defendant, upon a jury verdict, of criminal mischief in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting her upon a jury verdict of criminal mischief in the second degree (Penal Law § 145.10). The general motion to dismiss by defendant did not preserve for our review her contention concerning the alleged legal insufficiency of the evidence (see People v Gray, 86 NY2d 10, 19 [1995]). In any event, the evidence is legally sufficient to establish that defendant damaged the vehicle at issue and that the damage to such vehicle exceeded $1,500 (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). Also contrary to defendant’s contention, the verdict is not against the weight of the evidence (see generally id.). Present—Scudder, J.P., Martoche, Centra and Pine, JJ.

People v. Culver, 34 A.D.3d 1270, 823 N.Y.S.2d 709 (N.Y. Ct. App. 2006).

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Opinion

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