Opinion
April 27, 1987
Appeal from the County Court, Nassau County (Winick, J.).
Ordered that the judgment is affirmed.
The evidence is sufficient as a matter of law to support the defendant's conviction of the crimes charged. Moreover, upon the exercise of our factual review power we are satisfied that the evidence was of sufficient quantity and quality to establish the defendant's guilt beyond a reasonable doubt.
As to the defendant's conviction of criminal mischief in the third degree, we find that the evidence, although circumstantial, was inconsistent with the defendant's innocence and excluded to a moral certainty every other reasonable hypothesis but his guilt (see, People v Way, 59 N.Y.2d 361, 365; People v Milea, 112 A.D.2d 1011, lv denied 66 N.Y.2d 921). Mangano, J.P., Bracken, Eiber and Spatt, JJ., concur.