Legal Opinion

People v. Brown

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

Decided December 4, 2008PublishedCited by 7 opinions

1Opinion of the Court

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 jury’s determinations concerning credibility, including its resolution of inconsistencies in testimony and its rejection of defendant’s justification defense. The evidence satisfied the damage element of third-degree criminal mischief where the victim gave firsthand testimony that he spent on repairs approximately $990, which was almost four times the $250 statutory threshold, and the surrounding…

2Cases cited4 opinions

  1. People v. DanielsonNew York Court of Appeals · 2007
  2. People v. MacAnaNew York Court of Appeals · 1994
  3. People v. GarciaAppellate Division of the Supreme Court of the State of New York · 2006
  4. People v. JennisAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by7 opinions

  1. People v. BeauvaisAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. BrunsonAppellate Division of the Supreme Court of the State of New York · 2009
  3. Segota v. Tishman Constr. Corp. of N.Y.Appellate Division of the Supreme Court of the State of New York · 2015
  4. People v. BeauvaisAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. Casey (Alfred)Appellate Terms of the Supreme Court of New York · 2019

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