People v Stenson

People v Stenson 2009 NY Slip Op 08882 [68 AD3d 418] December 1, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

The People of the State of New York, Respondent,
v
Charles Stenson, Appellant.

—[*1] Richard M. Greenberg, Office of the Appellate Defender, New York (Alexandra Keeling of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Patricia Curran of counsel), for respondent.

Judgment, Supreme Court, New York County (Arlene R. Silverman, J.), rendered May 28, 2008, convicting defendant, after a jury trial, of burglary in the second degree (three counts), criminal mischief in the second degree, and criminal mischief in the fourth degree (two counts), and sentencing him to an aggregate term of four years, unanimously affirmed.

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 that defendant is the person depicted in a series of surveillance videotapes.

Under the exacting standard that must be satisfied before the extraordinary remedy of dismissal of the indictment is warranted (see People v Darby, 75 NY2d 449, 455 [1990]), we find no impairment of the integrity of the grand jury proceeding. The People's questioning of witnesses and instructions to the grand jury were appropriate, and any defects did not warrant dismissal.

We perceive no basis for reducing the sentence or directing that it be served concurrently with the sentence for defendant's other conviction. Concur—Mazzarelli, J.P., Sweeny, Catterson, Freedman and Roman, JJ.