BACKGROUND FACTS

The defendant, Rodrigue J. Turenne, is charged with Criminal Mischief in the Fourth Degree [Penal Law § 145.00(1)] and Driving While Ability Impaired [Vehicle and Traffic Law § 1192(1)]. The factual portion of the criminal accusatory instrument alleges that the defendant committed the misdemeanor of Penal Law §145.00(1) on August 8, 2015 at about 4:00 pm, when:


". . . the above named defendant, Rodrigue Junior Turenne, did intentionally damage property of another. Specifically, during a domestic incident, the defendant did damage a glass flower vase and the driver side tail lamp of a 2013 Dodge Journey, said property being owned by Dottie Jean Turenne."

A supporting deposition was given by Dottie Jean Turenne, dated August 8 , 2015, which alleges in pertinent part as follows:


My husband Rodrigue and I live at 44 Hunter Street with our son Kaiden. We have recently been having problems and he wanted to talk today. He began yelling and I told him I wouldn't talk with him until he calmed down, which made him more angry. He went into the kitchen and I heard a smash. I walked in and found a broken vase which he had thrown against the wall. This happened about 4:00 pm. He went outside and was punching stuff. He picked up a brown gravity chair and threw it at my Dodge Journey breaking the driver side tail light."

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