People v. Maiorano — 264 A.D.2d 448

Majority

p. 448

The People of the State of New York, Respondent, v Michael Maiorano, Appellant.

[693 NYS2d 451]

Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered June 28, 1996, convicting him of reckless endangerment in the second degree and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the People failed to prove that he recklessly started a fire in a high school auditorium by throwing a lighted cigar into a trash can is without merit. Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find that it was

p. 449

legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Further, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s sentence is not excessive (see, People v Suitte, 90 AD2d 80 ). Bracken, J. P., Sullivan, Goldstein and McGinity, JJ., concur.

Cases cited

People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 448
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 449