PEOPLE v. VARDEN


34 A.D.3d 926 (2006)

823 N.Y.S.2d 597

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SCOTT S. VARDEN, Appellant.

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

Decided November 9, 2006.


Rose, J.

Defendant was indicted for criminal mischief in the second degree as a result of having destroyed or damaged trees, shrubs and other plantings on residential property that he leased from a landlord. Following a jury trial at which the landlord testified that he had expressly forbidden defendant from cutting down or uprooting the landlord's plantings, defendant was found guilty of criminal mischief in the second degree. After a restitution hearing, County...

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