People v Lewis
2013 NY Slip Op 08541 [112 AD3d 539]
December 24, 2013
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 29, 2014


The People of the State of New York, Respondent,
v
Michael Lewis, Appellant.

[*1] 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. Concur—Mazzarelli, J.P., Sweeny, Moskowitz, Freedman and Clark, JJ.