People v. Figueroa

Appellate Division of the Supreme Court of New York

People v. Figueroa

94 A.D.3d 517, 941 N.Y.S.2d 840

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

DecidedApril 12, 2012

StatusPublished

This text of 94 A.D.3d 517 (People v. Figueroa) 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. Figueroa, 94 A.D.3d 517, 941 N.Y.S.2d 840 (N.Y. Ct. App. 2012).

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Opinion

Judgment, Supreme Court, Bronx County (Megan Tallmer, J), rendered May 11, 2009, convicting defendant, after a nonjury trial, of attempted criminal mischief in the fourth degree and harassment in the second degree, and sentencing him to a term of 30 days, concurrent with a conditional discharge, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s credibility determinations.

The evidence supports the conclusion that defendant attempted to break the seatbelt buckle in the police van or that he indeed did deliberately break the seatbelt buckle in order to free himself and lunge at one of the officers. This established the element of intent to damage property (see Penal Law § 145.00 [1]). Concur — Mazzarelli, J.P., Catterson, DeGrasse, Manzanet-Daniels and Román, JJ.

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Judgment, Supreme Court, Bronx County (Megan Tallmer, J), rendered May 11, 2009, convicting defendant, after a nonjury trial, of attempted criminal mischief in the fourth degree and harassment in the second degree, and sentencing him to a term of 30 days, concurrent with a conditional discharge, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s credibility determinations.

The evidence supports the conclusion that defendant attempted to break the seatbelt buckle in the police van or that he indeed did deliberately break the seatbelt buckle in order to free himself and lunge at one of the officers. This established the element of intent to damage property (see Penal Law § 145.00 [1]). Concur — Mazzarelli, J.P., Catterson, DeGrasse, Manzanet-Daniels and Román, JJ.

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Bluebook (online)

94 A.D.3d 517, 941 N.Y.S.2d 840, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-figueroa-nyappdiv-2012.

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