| People v Taylor |
| 2011 NY Slip Op 06728 [87 AD3d 1330] |
| September 30, 2011 |
| Appellate Division, Fourth Department |
| The People of the State of New York,Respondent, v Andrew W. Taylor, Appellant. |
—[*1] Joseph V. Cardone, District Attorney, Albion (Katherine Bogan of counsel), forrespondent.
Appeal from a judgment of the Orleans County Court (James P. Punch, J.), rendered March10, 2010. The judgment convicted defendant, upon a jury verdict, of burglary in the seconddegree and criminal mischief in the fourth degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, ofburglary in the second degree (Penal Law § 140.25 [2]) and criminal mischief in the fourthdegree (§ 145.00 [1]). Contrary to defendant's contention, the evidence is legally sufficientto support the conviction (see generally People v Bleakley, 69 NY2d 490, 495 [1987]).The testimony of his accomplices was sufficiently corroborated by, inter alia, defendant'sadmissions to another individual who was not involved in the crimes (see People v Cole, 68 AD3d 1763[2009], lv denied 14 NY3d 839 [2010]; see generally CPL 60.22 [1]; People v Reome, 15 NY3d 188,191-192 [2010]). Viewing the evidence in light of the elements of the crimes as charged to thejury (see People v Danielson, 9NY3d 342, 349 [2007]), and giving the appropriate deference to the jury's credibilitydeterminations (see People v Hill,74 AD3d 1782 [2010], lv denied 15 NY3d 805 [2010]), we reject defendant's furthercontention that the verdict is against the weight of the evidence (see generally Bleakley,69 NY2d at 495). Finally, the sentence is not unduly harsh or severe. Present—Scudder,P.J., Peradotto, Carni, Gorski and Martoche, JJ.