THE PEOPLE, res, v. ROBERT CONSTANTINO, def-app

14-070. THE PEOPLE, res, v. ROBERT CONSTANTINO, def-app — Judgment of conviction (Anthony J. Ferrara, J.), rendered November 29, 2012, affirmed.

The verdict convicting defendant of criminal mischief in the fourth degree (see Penal Law §145.00[1]), making graffiti (see Penal Law §145.60) and possession of graffiti instruments (see Penal Law §145.65), was supported by legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s determinations concerning credibility. The evidence, including video surveillance footage, established that defendant, without permission, used red spray-paint and a stencil to paint the words “NYPD Get Your Hands Off Me” on two pillars of the Tweed Courthouse and two pillars at the southeast entrance of City Hall Park (see Matter of Oscar G., 83 AD3d 468 [2011]). Defendant’s requisite intent to damage the property is fairly inferred from his acts and the surrounding circumstances (see People v. Steinberg, 79 NY2d 673, 685 [1992]; Matter of Carlos M., 32 AD3d 686, 687 [2006]), as well as defendant’s written blog entry about the incident.