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People v. Kittel

Appellate Division of the Supreme Court of New York, Second Department
Mar 8, 1971
36 A.D.2d 730 (N.Y. App. Div. 1971)

Opinion

March 8, 1971


Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered April 19, 1968, convicting him of injury to property as a misdemeanor (former Penal Law, § 1433, subd. 2), after a nonjury trial, and sentencing him to a term of six months in the New York City Reformatory, with execution of sentence suspended. Judgment reversed, on the law and the facts, and indictment dismissed. Since the evidence adduced at the trial indicates that defendant set fire to an abandoned barge, the trial court erred in finding him guilty of injury to property as a misdemeanor, in the absence of proof of ownership in someone other than defendant, which is a material element of the crime. The People must aver and prove that the property allegedly destroyed or injured was that of another (former Penal Law, § 1433, subd. 2; cf. People v. Reade, 247 App. Div. 376; Potter v. Bierwirth, 171 App. Div. 175; People v. Horr, 7 Barb. 9). Munder, Acting P.J., Martuscello, Shapiro, Gulotta and Benjamin, JJ., concur.


Summaries of

People v. Kittel

Appellate Division of the Supreme Court of New York, Second Department
Mar 8, 1971
36 A.D.2d 730 (N.Y. App. Div. 1971)
Case details for

People v. Kittel

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT KITTEL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 8, 1971

Citations

36 A.D.2d 730 (N.Y. App. Div. 1971)

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