People v Moye

People v Moye 2007 NY Slip Op 04353 [40 AD3d 442] May 22, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 11, 2007

The People of the State of New York, Respondent,
v
Arnold Moye, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Jeffrey I. Richman of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Jung Park of counsel), for respondent.

Judgment, Supreme Court, New York County (Ruth Pickholz, J.), rendered July 15, 2006, convicting defendant, after a jury trial, of criminal mischief in the second degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously modified, on the law, to the extent of reducing the conviction to criminal mischief in the third degree and remanding the matter for resentencing, and otherwise affirmed.

Although the evidence sufficiently established a reasonable value of damage caused by defendant in excess of $250 (Penal Law § 145.05 [2]), it was legally insufficient to establish, beyond a reasonable doubt, damage in excess of $1,500 (Penal Law § 145.10). Concur—Andrias, J.P., Saxe, Williams, Gonzalez and Kavanagh, JJ.