Judgment, Supreme Court, New York County (Arlene R. Silverman, J.), rendered May 28, 2008, convicting defendant, after a jury trial, of burglary in the second degree (three counts), criminal mischief in the second degree, and criminal mischief in the fourth degree (two counts), and sentencing him to an aggregate term of 4 years, unanimously affirmed.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Mazzarelli, J.P., Sweeny, Catterson, Freedman, Roman, JJ.
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 ). There is no basis for disturbing the jury's determinations that defendant is the person depicted in a series of surveillance videotapes.
Under the exacting standard that must be satisfied before the extraordinary remedy of dismissal of the indictment is warranted (see People v Darby, 75 NY2d 449, 455 ), we find no impairment of the integrity of the grand jury proceeding. The People's questioning of witnesses and instructions to the grand jury were appropriate, and any defects did not warrant dismissal.
We perceive no basis for reducing the sentence or directing that it be served concurrently with the sentence for defendant's other conviction.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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