PEOPLE v. KARINA A.

8964.

102 A.D.3d 446 (2013)

956 N.Y.S.2d 883

2013 NY Slip Op 47

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KARINA A., Appellant.

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

Decided January 8, 2013.


An element of possession of graffiti instruments (Penal Law § 145.65) is that a defendant possessed the instrument at issue under circumstances evincing an intent to use it to damage property that the defendant had no permission or authority to mark. The court, sitting as trier of fact, correctly determined that since the officers' testimony as to the status of the property at issue was refuted by the testimony of a city official called by the defense, there was a failure...

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