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People v. Wieczorek

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1991
177 A.D.2d 963 (N.Y. App. Div. 1991)

Opinion

November 15, 1991

Appeal from the Supreme Court, Onondaga County, Gorman, J.

Present — Callahan, A.P.J., Denman, Green, Pine and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Defendant was convicted of criminal mischief in the third degree (Penal Law § 145.05). There is no merit to defendant's contention that the evidence was legally insufficient to establish that defendant shared the codefendant's intent to damage the victim's property (see, People v. La Belle, 18 N.Y.2d 405, 412). Additionally, we conclude that the verdict is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495).

While Supreme Court erred in admitting evidence of an uncharged crime (see, People v. Alvino, 71 N.Y.2d 233, 241-242; People v Molineux, 168 N.Y. 264), we deem the error harmless in light of the overwhelming proof of defendant's guilt (see, People v Crimmins, 36 N.Y.2d 230).

Defendant has failed to preserve for our review his challenges to the trial court's charge and the remarks of the trial court during voir dire, and we decline to review those issues in the interest of justice (see, CPL 470.15).


Summaries of

People v. Wieczorek

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 15, 1991
177 A.D.2d 963 (N.Y. App. Div. 1991)
Case details for

People v. Wieczorek

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK J. WIECZOREK…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 15, 1991

Citations

177 A.D.2d 963 (N.Y. App. Div. 1991)

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