PEOPLE v. CUNNINGHAM


95 A.D.2d 680 (1983)

The People of the State of New York, Respondent, v. Guy Cunningham, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 14, 1983


In order to convict appellant of criminal mischief in the third degree under section 145.05 of the Penal Law, the People had to prove beyond a reasonable doubt that the damage to the victim's property exceeded $250. The evidence of value was insufficient. The damage to the property consisted of a small hole in one of the panes of glass in an office window, and bent protective bars. In the absence of sufficient proof of value, the conviction for criminal mischief in the third...

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