Appeal from a judgment of the District Court of Nassau County, First District (Martin J. Massell, J., at pre-trial hearing and trial; Donald H. Birnbaum, J., at sentence), rendered July 14, 2009. The judgment convicted defendant, upon a jury verdict, of criminal mischief in the fourth degree.
The opinion of the court was delivered by: Present: Tanenbaum, J.P., Molia and Iannacci, JJ
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
ORDERED that the judgment of conviction is affirmed.
Following a jury trial, defendant was convicted of criminal mischief in the fourth degree (Penal Law § 145.00 ). It is undisputed that defendant spray-painted a Belgian block wall which is located on his neighbor's property but runs along the boundary line of their properties. A person is guilty of criminal mischief in the fourth degree when, "having no right to do so nor any reasonable ground to believe that he or she has such right, he or she intentionally damages property of another person" (Penal Law § 145.00 ).
The Court of Appeals has held that the extent of damage necessary to sustain a conviction for criminal mischief in the fourth degree is "slight" (People v Hills, 95 NY2d 947, 949 ). In view of the undisputed testimony that defendant did not have permission to spray-paint the Belgian block wall and the photographs depicting the spray-painted wall which were entered into evidence at trial, we find that the People established defendant's guilt of the offense beyond a reasonable doubt.
Accordingly, the judgment of conviction is affirmed.
The decision and order of this court entered herein on April 1, 2011 (31 Misc 3d 131[A], 2011 NY Slip Op 50585[U]) are hereby recalled and vacated (see motion decided simultaneously herewith).
Tanenbaum, J.P., Molia and Iannacci, JJ., concur.