Opinion
No. 2006-05720.
July 15, 2008.
Appeal by the defendant from a judgment of the County Court, Rockland County (Bartlett, J.), rendered May 15, 2006, convicting him of criminal mischief in the third degree, after a nonjury trial, and imposing sentence.
James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant.
Thomas P. Zugibe, District Attorney, New City, N.Y. (Vered Adoni of counsel), for respondent.
Before: Mastro, J.P., Spolzino, Balkin and Leventhal, JJ.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt ( see Penal Law § 145.05; People v Garcia, 29 AD3d 255, 263). Moreover, upon the exercise of our factual review power ( see CPL 470.15), we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v Romero, 7 NY3d 633; People v Wallender, 27 AD3d 955, 957-958; People v Gianni, 303 AD2d 1012; People v Hall, 272 AD2d 412).
The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80, 86).
The defendant's remaining contentions are without merit.