AD4 modifies criminal mischief conviction over lack of evidence on damage amount

In People v. Quigley, the defendant damaged church property.  Initially he was charged and convicted, after a bench trial, of Criminal Mischief 3º.  The Fourth Department agreed with the defendant's argument that his conviction was not supported by legally sufficient evidence. In order to prove that the defendant was guilty of the crime charged, the People needed to establish the value of the damage defendant caused to the church exceeded $250. The People only offered hearsay testimony on this element.  The Court held this was insufficient to secure a conviction of criminal mischief in the third degree. On the other hand, Criminal Mischief 4º was proved beyond a reasonable doubt since the lesser crime does require proof of the amount of damage caused.  The People presented evidence that established that the defendant was found on a ladder, against the church, on the night in question. This evidence coupled with the damaged copper gutter found next to the ladder was sufficient to establish that the defendant intentionally damaged the church property. Therefore, the Court reduced the conviction to Criminal Mischief 4º and remanded for re-sentencing.  (DAL/LC)