June 14, 2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
JAMIE R. TACKLEY, DEFENDANT-APPELLANT.
Appeal from a judgment of the Monroe County Court (Teresa D. Johnson, A.J.), rendered August 15, 2008. The judgment convicted defendant, upon a nonjury verdict, of criminal mischief in the second degree, driving while intoxicated, a misdemeanor (two counts), resisting arrest and reckless endangerment in the second degree.
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (TIMOTHY S. DAVIS OF COUNSEL), FOR DEFENDANT-APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.
PRESENT: SCUDDER, P.J., CENTRA, FAHEY, CARNI, AND LINDLEY, JJ.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him following a nonjury trial of, inter alia, criminal mischief in the second degree (Penal Law § 145.10), defendant contends that the verdict with respect to that crime is against the weight of the evidence. We reject that contention. Based on our independent review of the evidence, we conclude that a different verdict would have been unreasonable (see People v Peters, 90 A.D.3d 1507, 1508, lv denied 18 N.Y.3d 996; see generally People v Bleakley, 69 N.Y.2d 490, 495). Even assuming, arguendo, that a different verdict would not have been unreasonable, we further conclude that "[County Court] was in the best position to assess the credibility of the witnesses and, on this record, it cannot be said that the [court] failed to give the evidence the weight it should be accorded" (People v Orta, 12 A.D.3d 1147, 1147, lv denied 4 N.Y.3d 801; see People v Clarke, 101 A.D.3d 1646, 1647, lv denied 20 N.Y.3d 1097).