The testimony of the victim regarding the actual cost of repairing the damaged property was sufficient to establish that the damage defendant caused was in excess of $250, as required by Penal Law § 145.05(2). The victim's testimony as to the cost of replacing the car window was not hearsay, but was her present recollection, as refreshed by a document (see Prince, Richardson on Evidence § 6-214 [Farrell 11th ed]). Defendant's argument, made for the first...
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