Majority
p. 869The People of the State of New York, Respondent, v Clifton Singleton, Appellant. [737 NYS2d 728]
—Appeal from a judgment of Supreme Court, Erie County (Tills, J.), entered March 26, 1999, convicting defendant after a nonjury trial of, inter alia, criminal mischief in the second degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him after a bench trial of criminal trespass in the second degree (Penal Law § 140.15), criminal mischief in the second
p. 870
degree (Penal Law § 145.10) and resisting arrest (Penal Law § 205.30). Defendant was sentenced as a second felony offender to concurrent terms of incarceration, the greatest of which is 3V2 to 7 years. Defendant contends that the evidence is legally insufficient to support the conviction of criminal mischief because the People failed to establish that the victim sustained damages in excess of $1,500. We agree with defendant that Supreme Court erred in admitting receipts and an insurance check payable to the victim in evidence in the absence of a proper foundation for those business records (see, People v Michallow, 201 AD2d 915 , 916-917, lv denied 83 NY2d 874 ). We conclude, however, that the error is harmless. Contrary to defendant’s contention, the testimony of the victim established that the cost of repairing her property exceeded $1,500 (see, People v Brown, 177 AD2d 942 , lv denied 79 NY2d 944 ; see also, People v Woodard, 148 AD2d 997 , 997-998, lv denied 74 NY2d 749 ; cf., People v Hoppe, 184 AD2d 582 ). The sentence is neither unduly harsh nor severe. Present — Pine, J.P., Scudder, Kehoe, Burns and Gorski, JJ.
Cases cited
- People v. Woodard 148 AD2d 997 at 997-998 p. 870
- Greer Woodycrest Children's Services v. Fountain 74 NY2d 749 p. 870