People v Doyle
2008 NY Slip Op 06307 [53 AD3d 588]
July 15, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 3, 2008


The People of the State of New York, Respondent,
v
Robert J. Doyle, Appellant.

[*1] 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.

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.

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 [1983]), 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 [2006]). Moreover, upon the exercise of our factual review power (see CPL 470.15 [5]), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]; People v Wallender, 27 AD3d 955, 957-958 [2006]; People v Gianni, 303 AD2d 1012 [2003]; People v Hall, 272 AD2d 412 [2000]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80, 86 [1982]).

The defendant's remaining contentions are without merit. Mastro, J.P., Spolzino, Balkin and Leventhal, JJ., concur.