People v. Powell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*757Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally insufficient to establish the defendant’s guilt of criminal mischief in the third degree beyond a reasonable doubt. The evidence was insufficient to establish, beyond a reasonable doubt, that the damage to the subject property exceeded the sum of $250 (see Penal Law § 145.05 [2]; People v Quigley, 70 AD3d 1411, 1412 [2010]; People v Jeffries, 151 AD2d 964 [1989]). Although this issue is unpreserved for appellate review (see CPL 470.05 [2]), we reach it in…
2Cases cited25 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. O'RamaNew York Court of Appeals · 1991
- People v. Ramirez-PortorealNew York Court of Appeals · 1996
- People v. DodtNew York Court of Appeals · 1984
- People v. FeingoldNew York Court of Appeals · 2006
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3Cited by23 opinions
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- People v. GibsonAppellate Division of the Supreme Court of the State of New York · 2013
- People v. CurryAppellate Division of the Supreme Court of the State of New York · 2012
- People v. NealonAppellate Division of the Supreme Court of the State of New York · 2014
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