In re Carlos M.

To sustain a finding that appellant violated Penal Law § 145.00 (1), the presentment agency was required to establish that appellant possessed the specific intent to damage the property of another (see People v Roberts, 140 AD2d 961 [1988]). “An intent to injure a person does not satisfy the mens rea requirement of intent to damage property simply because property is damaged in the course of the attack” (id. at 961, citing People v Washington, 18 NY2d 366 [1966]). A charge of criminal mischief in the fourth degree may be predicated upon recklessly causing damage to property, but only where…