Appellate Division of the Supreme Court of New York, 1984

People v. Schroeder

People v. Schroeder
Appellate Division of the Supreme Court of New York · Decided October 29, 1984
104 A.D.2d 1055; 481 N.Y.S.2d 117; 1984 N.Y. App. Div. LEXIS 20500
People v. Schroeder

Opinion of the Court

— Appeal by defendant from a judgment of the County Court, Suffolk County (Vaughn, J.), rendered August 23, 1983, convicting him of criminal mischief in the third degree and resisting arrest, after a nonjury trial, and imposing sentence.

*1056Judgment affirmed, and case remitted to the County Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (subd 5).

A review of the record reveals that the People proved defendant’s guilt of every element of criminal mischief in the third degree (Penal Law, § 145.05) beyond a reasonable doubt and that the proof adduced to meet the $250 figure set forth in section 145.05 of the Penal Law was sufficient. We also conclude that defendant received a fair trial and effective representation within the meaning of the Constitution (see People v Aiken, 45 NY2d 394, 399-400; People v Morris, 100 AD2d 630, 631; People v Abdullah, 100 AD2d 550, 551). Titone, J. P., Lazer, Bracken and Boyers, JJ., concur.

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