People v Lewis

People v Lewis 2013 NY Slip Op 08541 Decided on December 24, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 24, 2013
Mazzarelli, J.P., Sweeny, Moskowitz, Freedman, Clark, JJ.
11403 3944/07

[*1]The People of the State of New York, Respondent,

v

Michael Lewis, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Steven Berko
of
counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (David P. Johnson
of
counsel), for respondent.

Judgment, Supreme Court, Bronx County (Cassandra M. Mullen, J.), rendered January 8, 2010, convicting defendant, after a jury trial, of criminal mischief in the fourth degree (two counts), possession of burglar's tools and resisting arrest, and sentencing him to an aggregate term of one year, 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]). Defendant's guilt was established
through compelling circumstantial evidence that lacked any reasonable innocent explanation.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 24, 2013

DEPUTY CLERK