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People v Rideout, 2024 NY Slip Op 04692 [230 AD3d 1585]

September 27, 2024

Appellate Division, Fourth Department

[*1]

The People of the State of New York, Respondent,

v

Alexander Whitehill Rideout, Appellant.

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]). Present—Smith, J.P., Bannister, Montour, DelConte and Hannah, JJ..