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People v. Wilson

Appellate Division of the Supreme Court of New York, Second Department
Jun 11, 2001
284 A.D.2d 420 (N.Y. App. Div. 2001)

Opinion

Argued April 30, 2001

June 11, 2001

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dunlop, J.), rendered May 5, 1999, convicting him of burglary in the third degree, criminal mischief in the second degree, and possession of burglars' tools, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Tonya Plank of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Sharon Y. Brodt of counsel; Jennifer L. Giaimo on the brief), for respondent.

Before: LAWRENCE J. BRACKEN, P.J., CORNELIUS J. O'BRIEN, NANCY E. SMITH, BARRY A. COZIER, JJ.


ORDERED that the judgment is modified, on the law, by reducing the conviction of criminal mischief in the second degree to criminal mischief in the fourth degree, and vacating the sentence imposed thereon; as so modified, the judgment is affirmed.

The defendant contends that the evidence at trial was legally insufficient to establish that the damage to the property exceeded $1,500(see, Penal Law § 145.10). We agree. No expert testified as to value of the damaged property and no documentary proof as to the cost of repair or replacement was introduced. The complainant's testimony that the repair and the replacement of the damaged property cost over $1,500 was insufficient, since that testimony was unsupported by documentation or other evidence of the reasonable cost of repair and replacement (see, People v. Hoppe, 184 A.D.2d 582; People v. Jackson, 168 A.D.2d 633; People v. Gina, 137 A.D.2d 555; People v. Gaines, 136 A.D.2d 731).

Accordingly, the defendant's conviction of criminal mischief in the second degree is reduced to criminal mischief in the fourth degree (see, Penal Law § 145.00). However, the matter need not be remitted for resentencing on that count since the defendant has already served the maximum permissible sentence for that crime.


Summaries of

People v. Wilson

Appellate Division of the Supreme Court of New York, Second Department
Jun 11, 2001
284 A.D.2d 420 (N.Y. App. Div. 2001)
Case details for

People v. Wilson

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. JOHN WILSON, APPELLANT

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 11, 2001

Citations

284 A.D.2d 420 (N.Y. App. Div. 2001)
728 N.Y.S.2d 174

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