Legal Opinion

People v. Misevis

New York Court of Appeals

Decided June 28, 1990PublishedCited by 3 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant’s primary argument is that the People failed to prove that he intended to damage the property of another (see, Penal Law §§ 145.00, 145.10). We agree with the Appellate Division that, viewing the evidence in the light most favorable to the People (People v Malizia, 62 NY2d 755, 757, cert denied 469 US 932), the evidence is sufficient. On this record, the jury could properly have concluded that defendant did not have *779"any reasonable ground to believe” that he was acting under a claim of right. We…

2Cases cited1 opinion

  1. People v. MaliziaNew York Court of Appeals · 1984

3Cited by3 opinions

  1. In re Michael M.Appellate Division of the Supreme Court of the State of New York · 1994
  2. People v. GeorgeAppellate Division of the Supreme Court of the State of New York · 2025
  3. People v. KopachAppellate Division of the Supreme Court of the State of New York · 2025

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