People v Witzgall (Rory)

[*1] People v Witzgall (Rory) 2006 NY Slip Op 51037(U) [12 Misc 3d 130(A)] Decided on May 23, 2006 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 23, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT:: RUDOLPH, P.J., McCABE AND TANENBAUM, JJ
2004-655 N CR.

The People of the State of New York, Respondent,

against

Rory Witzgall, Appellant.

Appeal from a judgment of the District Court of Nassau County, First District (Francis D. Ricigliano, J.), rendered April 22, 2004. The judgment convicted defendant, upon a jury verdict, of criminal mischief in the fourth degree.

Judgment of conviction affirmed.

Defendant's contentions that the evidence adduced at trial was legally insufficient to prove his guilt beyond a reasonable doubt and that the verdict was against the weight of the evidence on the ground that the People's witnesses' testimony was not credible are without merit. Viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), we find it legally sufficient to establish defendant's guilt of criminal mischief in the fourth degree (Penal Law § 145.00 [1]) beyond a reasonable doubt. The evidence adduced at trial established that he intentionally damaged various parts of the complainant's vehicle. We do not find the minor discrepancies in the testimony offered by the People sufficient to render it incredible as a matter of law (see People v Silva, 306 AD2d 424, 425 [2003]). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]). Accordingly, the judgment of conviction is affirmed.

Rudolph, P.J., McCabe and Tanenbaum, JJ., concur.
Decision Date: May 23, 2006