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The People of the State of New York v. Alexander Whitehill Rideout

New York v. Alexander Whitehill Rideout

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Julie Cianca, Public Defender, Rochester, Banasiak Law Office, PLLC, Syracuse (Piotr Banasiak of Counsel), for Defendant-Appellant. Sandra Doorley, District Attorney, Rochester (Martin P. McCarthy, II, of Counsel), for Respondent. Appeal from a judgment of the Supreme Court, Monroe County (Thomas E. Moran, J.), rendered October 24, 2017. The judgment convicted defendant, upon a jury verdict, of tampering with physical evidence (two counts). 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 two counts of tampering with physical evidence (Penal Law § 215.40 [2]). Contrary to defendant’s contention, we conclude that the indictment and bill of particulars provided defendant with “fair notice of the accusations made against him, so that he [was] able to prepare a defense” (People v. Iannone, 45 NY2d 589, 594 [1978]; see People v. Schulz, 32 AD3d 1224, 1224 [4th Dept 2006]; see generally People v. Morris, 61 NY2d 290, 293-296 [1984]). Contrary to defendant’s further contention, we conclude that the circumstantial evidence, when viewed in the light most favorable to the People (see People v. Hines, 97 NY2d 56, 62 [2001], rearg denied 97 NY2d 678 [2001]), is legally sufficient to support the conviction (see People v. Neulander, 221 AD3d 1412, 1412-1413 [4th Dept 2023], lv denied 41 NY3d 984 [2024]; People v. Maull, 167 AD3d 1465, 1466 [4th Dept 2018], lv denied 33 NY3d 951 [2019]). Finally, viewing the evidence in light of the elements of the crimes as charged to the jury (see People v. Danielson, 9 NY3d 342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence (see generally People v. Bleakley, 69 NY2d 490, 495 [1987]).

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