Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Robert M. Mandelbaum, J.), rendered May 23, 2011, convicting him, after a nonjury trial, of attempted criminal mischief in the fourth degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Robert M. Mandelbaum, J.), rendered May 23, 2011, affirmed.

The verdict convicting defendant of attempted criminal mischief in the fourth degree (see Penal Law §§ 110.00, 145.00[1]) was based on legally sufficient evidence and was not against the weight of the evidence, notwithstanding defendant's acquittal of the attempted assault charge (see People v Rayam, 94 NY2d 557 [2000]). There was ample evidence establishing that the complainant had an "ownership interest" (see Penal Law § 145.13) in the food that the "enraged" defendant admittedly threw out of the complainant's ninth floor apartment window during the disputants' violent argument and that defendant had no right to damage the property "nor any reasonable ground to believe that he ... ha[d] such right" (Penal Law § 145.00; see Donnino, Practice Commentaries, McKinney's Cons Laws of NY, Book 39, Penal Law § 145.00, at 187-189).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: April 16, 2013