Opinion
November 15, 1991
Appeal from the Erie County Court, Drury, J.
Present — Doerr, J.P., Boomer, Green, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: We reject defendant's contention that the evidence of monetary value of the damage to the property was insufficient to sustain the conviction for criminal mischief in the third degree. "In order to support a conviction for third degree criminal mischief, `it is sufficient to define value in terms of the cost of repair to the property, so long as the property is repairable' (People v. Simpson, 132 A.D.2d 894, 895, lv denied 70 N.Y.2d 937; cf., People v. Gaines, 136 A.D.2d 731, 734, lv denied 71 N.Y.2d 896)" (People v. Woodard, 148 A.D.2d 997, 998, lv denied 74 N.Y.2d 749).
Any error in the court's instruction on circumstantial evidence was not preserved for appellate review, and we reject defendant's argument that his sentence is harsh and excessive.