Citation Numbers: 32 A.D.2d 932
Filed Date: 7/7/1969
Status: Precedential
Modified Date: 1/12/2022
Appeals from two orders of the Family Court, Suffolk County, both dated August 20, 1968, which respectively adjudged appellants to be juvenile delinquents. Orders reversed, on the law and- the facts, and petitions dismissed. In our opinion, there was no evidence of actual damage to petitioner’s driveway within the meaning of section 145.00 of the Penal Law (cf. People v. Washington, 18 N Y 2d 366, 369; People v. Hackley, 20 A D 2d 534, 535). Christ, Hopkins and Martuscello, JJ., concur; Beldoek, P. J., and Brennan, J., dissent and vote to affirm the orders, with the following memorandum: In our opinion, the acts which appellants were found to have committed were such as, if committed by an adult, would have constituted the crime of criminal mischief in the third degree within the purview of subdivision 1 of section 145.00 of the Penal Law. The facts and circumstances adduced reflect a course of conduct on the part of appellants which goes beyond. the pale of indulgence in mischievous pranks and renders the chalking of the obscenities on petitioner’s driveway an intentional infliction of damage to property without honest claim of privilege, well within the traditional concept of malicious mischief with which subdivision 1 of section