Opinion
No. KA 10-00678.
September 30, 2011.
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.
Present — Scudder, P.J., Peradotto, Carni, Gorski and Martoche, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of burglary in the second degree (Penal Law § 140.25) 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 NY2d 490, 495). 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 AD3d 1763, lv denied 14 NY3d 839; see generally CPL 60.22; People v Reome, 15 NY3d 188, 191-192). Viewing the evidence in light of the elements of the crimes as charged to the jury ( see People v Danielson, 9 NY3d 342, 349), and giving the appropriate deference to the jury's credibility determinations ( see People v Hill, 74 AD3d 1782, lv denied 15 NY3d 805), we reject defendant's further contention that the verdict is against the weight of the evidence ( see generally Bleakley, 69 NY2d at 495). Finally, the sentence is not unduly harsh or severe.