People v. Pluff

Appeal from a judgment of the County Court of Rensselaer County (Harvey, J.), rendered October 21, 1993, upon a verdict convicting defendant of the crime of criminal mischief in the third degree. In order to convict defendant of the crime of criminal mischief in the third degree, which arose out of an indictment charging arson in the third degree and criminal mischief in the second degree, the burden was on the People to prove beyond a reasonable doubt that the damage to the victim’s property exceeded $250 (see, Penal Law § 145.05). The People did not offer proof of the monetary amount of…