*1 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 948

KA 10-00678

PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, GORSKI, AND MARTOCHE, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER ANDREW W. TAYLOR, DEFENDANT-APPELLANT.

ERICKSON WEBB SCOLTON & HAJDU, LAKEWOOD (LYLE T. HAJDU OF COUNSEL), FOR DEFENDANT-APPELLANT.

JOSEPH V. CARDONE, DISTRICT ATTORNEY, ALBION (KATHERINE BOGAN OF COUNSEL), FOR RESPONDENT. Appeal from a judgment of the Orleans County Court (James P.

Punch, J.), rendered March 10, 2010. The judgment convicted defendant, upon a jury verdict, of burglary in the second degree and criminal mischief in the fourth degree.

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

Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of burglary in the second degree (Penal Law § 140.25 [2]) and criminal mischief in the fourth degree (§ 145.00 [1]). Contrary to defendant’s contention, the evidence is legally sufficient to support the conviction ( see generally People v Bleakley , 69 NY2d 490, 495). The testimony of his accomplices was sufficiently corroborated by, inter alia, defendant’s admissions to another individual who was not involved in the crimes ( see People v Cole , 68 AD3d 1763, lv denied 14 NY3d 839; see generally CPL 60.22 [1]; People v Reome , 15 NY3d 188, 191-192). Viewing the evidence in light of the elements of the crimes as charged to the jury ( see People v Danielson , 9 NY3d 342, 349), and giving the appropriate deference to the jury’s credibility determinations ( see People v Hill , 74 AD3d 1782, lv denied 15 NY3d 805), we reject defendant’s further contention that the verdict is against the weight of the evidence ( see generally Bleakley , 69 NY2d at 495). Finally, the sentence is not unduly harsh or severe. Entered: September 30, 2011 Patricia L. Morgan

Clerk of the Court