[DOWNLOAD] "People State New York v. James H. Hollis" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. James H. Hollis
- Author : Supreme Court of New York
- Release Date : January 17, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Appeal from a judgment of the County Court of Albany County, rendered November 9, 1978, upon a verdict convicting defendant of the crime of criminal mischief in the second degree. As a result of a fire which occurred at approximately 9:20 p.m. on May 19, 1978 in the Town of Colonie, County of Albany, wherein a trailer, owned by Eazor Express, Inc., and its contents were damaged, defendant was indicted for the crimes of arson in the third degree (Penal Law, Γ§ 150.10) and criminal mischief in the second degree (Penal Law, Γ§ 145.10). After the close of testimony at the subsequent trial, the court dismissed the arson count, and the jury thereafter convicted defendant on the remaining count of criminal mischief in the second degree. Defendant was then sentenced to an indeterminate term of imprisonment with no minimum and a maximum of four years, and the present appeal ensued. We hold that the judgment of County Court should be affirmed. In so ruling we find without merit defendants initial contention that the trial court erred when, in its charge to the jury, it refused to charge the higher standard of proof applicable when the prosecution relies wholly on circumstantial evidence to establish guilt (see People v Sibblies, 63 A.D.2d 934). Such a charge was not necessary in this instance because the prosecutions proof, including defendants admission to the effect that he had "torched Eazors", was not wholly circumstantial in nature (see Richardson, Evidence [10th ed], Γ§ 3). Similarly, defendant is incorrect in his assertion that the guilty verdict must be reversed as being repugnant. Repugnant findings on the question of guilt result when an indictment charges two crimes with identical elements and there is a finding of guilt as to one of the crimes charged, but not the other (People v Bullis, 30 A.D.2d 470). Here, the crimes charged did not have identical [73 A.D.2d 994 Page 995]