Is there sufficient evidence to convict a defendant of attempted criminal mischief in the fourth degree?
"New York", United States of America
The following excerpt is from People v. Valentine, 17 N.Y.S.3d 385 (Table) (N.Y. App. Term 2015):
However, the evidence was insufficient to support the conviction of attempted criminal mischief in the fourth degree (Penal Law 110.00/145.00[1] ), upon the theory that defendant intentionally damaged the victim's eyeglasses. The evidence, however, reveals no such specific intent directed toward the eyeglasses, but only toward [the victim] [her]self (People v. Bryant, 85 A.D.2d 575, 576 [1981] ). We modify the judgment accordingly.
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