PEOPLE v. SINGLETON (2002)

Defendant appeals from a judgment convicting him after a bench trial of criminal trespass in the second degree (Penal Law § 140.15), criminal mischief in the second degree (Penal Law § 145.10) and resisting arrest (Penal Law § 205.30).   Defendant was sentenced as a second felony offender to concurrent terms of incarceration, the greatest of which is 3 1/212 to 7 years.   Defendant contends that the evidence is legally insufficient to support the conviction of criminal mischief because the People failed to establish that the victim sustained damages in excess of $1,500.   We agree with defendant that Supreme Court erred in admitting receipts and an insurance check payable to the victim in evidence in the absence of a proper foundation for those business records (see, People v. Michallow, 201 A.D.2d 915, 916-917, 607 N.Y.S.2d 781, lv. denied 83 N.Y.2d 874, 613 N.Y.S.2d 134, 635 N.E.2d 303).   We conclude, however, that the error is harmless.   Contrary to defendant's contention, the testimony of the victim established that the cost of repairing her property exceeded $1,500 (see, People v. Brown, 177 A.D.2d 942, 579 N.Y.S.2d 914, lv. denied 79 N.Y.2d 944, 583 N.Y.S.2d 198, 592 N.E.2d 806;  see also, People v. Woodard, 148 A.D.2d 997, 997-998, 539 N.Y.S.2d 229, lv. denied 74 N.Y.2d 749, 545 N.Y.S.2d 124, 543 N.E.2d 767;  cf., People v. Hoppe, 184 A.D.2d 582, 584 N.Y.S.2d 860).   The sentence is neither unduly harsh nor severe.

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM: