Opinion
2011-09-30
The PEOPLE of the State of New York, Respondent,v.Andrew W. TAYLOR, Defendant–Appellant.
Appeal from a judgment of the Orleans County Court (James P. Punch, J.), rendered March 10, 2010. The judgment convicted defendant, upon a jury verdict, of burglary in the second degree and criminal mischief in the fourth degree.Erickson Webb Scolton & Hajdu, Lakewood (Lyle T. Hajdu of Counsel), for defendant-appellant.Joseph V. Cardone, District Attorney, Albion (Katherine Bogan of Counsel), for respondent.MEMORANDUM:
Defendant appeals from a judgment convicting him, upon a jury verdict, of burglary in the second degree (Penal Law § 140.25[2] ) and criminal mischief in the fourth degree (§ 145.00[1] ). Contrary to defendant's contention, the evidence is legally sufficient to support the conviction ( see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672). The testimony of his accomplices was sufficiently corroborated by, inter alia, defendant's admissions to another individual who was not involved in the crimes ( see People v. Cole, 68 A.D.3d 1763, 892 N.Y.S.2d 694, lv. denied 14 N.Y.3d 839, 901 N.Y.S.2d 145, 927 N.E.2d 566; see generally CPL 60.22[1]; People v. Reome, 15 N.Y.3d 188, 191–192, 906 N.Y.S.2d 788, 933 N.E.2d 186). Viewing the evidence in light of the elements of the crimes as charged to the jury ( see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1), and giving the appropriate deference to the jury's credibility determinations ( see People v. Hill, 74 A.D.3d 1782, 902 N.Y.S.2d 755, lv. denied 15 N.Y.3d 805, 908 N.Y.S.2d 165, 934 N.E.2d 899), we reject defendant's further contention that the verdict is against the weight of the evidence ( see generally Bleakley, 69 N.Y.2d at 495, 515 N.Y.S.2d 761, 508 N.E.2d 672). Finally, the sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
SCUDDER, P.J., PERADOTTO, CARNI, GORSKI, and MARTOCHE, JJ., concur.