Opinion
2003-1525 D CR.
Decided June 7, 2005.
Appeal by defendant from judgments of the Justice Court, Village of Tivoli, Dutchess County (H. Clark, J.), rendered September 15, 2003, convicting it of multiple counts of violating section 1154.1 of the New York State Uniform Fire Prevention and Building Code, and imposing sentences.
Judgments of conviction unanimously affirmed.
Before: PRESENT: RUDOLPH, P.J., ANGIOLILLO and COVELLO, JJ.
In each of two accusatory instruments, defendant was charged with 32 counts of violating section 1154.1 of the New York State Uniform Fire Prevention and Building Code as adopted by the Village of Tivoli. The first accusatory instrument alleged that defendant violated said section of the code on the dates charged in that it failed to lock, barricade, guard or otherwise secure the windows, doors and other openings to prohibit entry by unauthorized persons to the structure, which had been vacant for more than 60 days. The second accusatory instrument charged defendant with failing to remove combustible waste and refuse inside said vacant building during the same period of time. Viewing the evidence in the light most favorable to the People ( see People v. Contes, 60 NY2d 620), we find that it was legally sufficient to establish defendant's guilt beyond a reasonable doubt. Contrary to defendant's contention, we agree with the findings of the lower court that the People established that the subject premises was in fact vacant within the meaning of the code. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilty was not against the weight of the evidence (CPL 470.15).