People v. Schroeder — 104 A.D.2d 1055

Majority

p. 1055

The People of the State of New York, Respondent, v James E. Schroeder, Appellant.

— 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.

p. 1056

Judgment 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.

Cases cited

People v. Aiken 45 NY2d 394 N.Y. 1978-07-11 at 399-400 p. 1056
People v. Abdullah 100 AD2d 550 N.Y. App. Div. 1984-03-12 at 551 p. 1056