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People v. Samiec

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 13, 1992
181 A.D.2d 983 (N.Y. App. Div. 1992)

Opinion

March 13, 1992

Appeal from the Genesee County Court, Morton, J.

Present — Denman, P.J., Boomer, Green, Balio and Doerr, JJ.


Judgment unanimously affirmed. Memorandum: There is no merit to defendant's contentions that his conviction for third degree criminal mischief is against the weight of the evidence and repugnant to his acquittal of fourth degree criminal mischief. The testimony of the three passengers in the car was consistent concerning defendant's conduct in driving his vehicle into the Blazer. The testimonial inconsistencies cited by defendant are insignificant. Further, there is no logical inconsistency or repugnancy in the verdict finding that defendant intended to damage the Blazer but not the Monarch.

With respect to defendant's final contention, we conclude that there is sufficient corroboration of the accomplice testimony to support defendant's conviction of second degree criminal mischief. Evidence of defendant's incriminating admissions to a nonaccomplice and proof that his sneaker print was consistent with that found on the vehicle tended to connect defendant with the commission of the crime (see, CPL 60.22; People v Hudson, 51 N.Y.2d 233, 238).


Summaries of

People v. Samiec

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 13, 1992
181 A.D.2d 983 (N.Y. App. Div. 1992)
Case details for

People v. Samiec

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD L. SAMIEC, JR.…

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

Date published: Mar 13, 1992

Citations

181 A.D.2d 983 (N.Y. App. Div. 1992)

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