N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Involving Damage to and Intrusion Upon Property / ARTICLE Criminal Mischief and Related Offenses
New York Consolidated Laws

N.Y. Penal Law § 145.10 (2026)

Criminal mischief in the second degree

✓ current as of May 2026
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§ 145.10 Criminal mischief in the second degree.
  A person is guilty of criminal mischief in the second degree when with
intent to damage property of another person, and having no right to do
so nor any reasonable ground to believe that he has such right, he
damages property of another person in an amount exceeding one thousand
five hundred dollars.
  Criminal mischief in the second degree is a class D felony.
Notes of Decisions
Cited in 78 cases (12 in the last 5 years), 1986–2026 · leading case: People v. Collins, 288 A.D.2d 756 (N.Y. App. Div. 2001).
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People v. Collins, 288 A.D.2d 756 (N.Y. App. Div. 2001). · cites it 4× “Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620, 621 ), we have no difficulty in concluding that the People proved beyond a reasonable doubt that defendant indeed intentionally “damage [d]” this property (Penal Law § 145.10). The…”
United States v. John Arena & Michelle Wentworth, 180 F.3d 380 (2d Cir. 1999). “” Arena and Wentworth were arrested, and each was charged in state court with two felony counts of criminal mischief, in violation of N.Y. Penal Law § 145.10 (McKinney 1999); one misdemeanor count of conspiracy, in violation of id.”
Plato v. Morrissey, 638 F. Supp. 2d 338 (W.D.N.Y. 2009). · cites it 3× “00 under N.Y. Penal Law § 145.10 . The crime of criminal mischief in the second degree is committed when, with intent to do so, one damages the property of another in an amount exceeding $1,500.”
People v. Stacconi, 2017 NY Slip Op 5127 (N.Y. App. Div. 2017). “damages property of another person in an amount exceeding [$1,500]” (Penal Law § 145.10; see People v Simpson, 132 AD2d 894, 895 [1987], lv denied 70 NY2d 937 [1987]).”
People v. Gray, 30 A.D.3d 771 (N.Y. App. Div. 2006). “Viewing the evidence in a light most favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]), testimony and repair estimates established that replacing and repairing damaged portions of the house would cost more than the statutory $1,500 threshold (see Penal Law §…”
People v. Garcia, 29 A.D.3d 255 (N.Y. App. Div. 2006). “In his motion for a trial order of dismissal, the defendant argued that since the prosecution failed to prove any particular amount, only the lesser included misdemeanor fourth-degree criminal mischief, intentionally damaging property of another, no value attached, was…”
Mark Rogers, Eric Pelcher & Mark Emigh v. City of Amsterdam, Thomas McQuade & Todd Stark, Mary Ann Smith, 303 F.3d 155 (2d Cir. 2002). “N.Y. Penal Law § 145.10 (McKinney 2002). During his explanation, Rogers admitted that he and Emigh had caused all the damage in question to the laundromat.”
People v. Lohnes, 112 A.D.3d 1148 (N.Y. App. Div. 2013). “Likewise, there was no jurisdictional defect in the charge of criminal mischief in the second degree by intentionally damaging the property of another, as a companion animal is property (see Penal Law § 145.10; Mullaly v People, 86 NY 365, 368 [1881]; Lewis v DiDonna, 294 AD2d…”
People v. Cade, 2022 NY Slip Op 01345 (N.Y. App. Div. 2022). “When the value of the property damage exceeds $1,500, a person is guilty of criminal mischief in the second degree ( see Penal Law § 145.10). Defendant's brother, age 17 at the time of the subject crimes, testified for the People as part of a plea agreement and admitted that he…”
Washington-Herrera v. Town of Greenburgh, 101 A.D.3d 986 (N.Y. App. Div. 2012). “*987 On September 13, 2008, the plaintiff was arrested in his home pursuant to an arrest warrant on charges that he committed criminal mischief in the second degree, a class D felony (see Penal Law § 145.10). The accusatory instrument that resulted in the issuance of the arrest…”
People v. Hodges, 66 A.D.3d 1228 (N.Y. App. Div. 2009). “As to criminal mischief in the second degree, the People were required to prove that “with intent to damage property of another person,” and without the right to do so, defendant damaged another person’s property worth more than $1,500 (Penal Law § 145.10). Contrary to…”
People v. Wallender, 27 A.D.3d 955 (N.Y. App. Div. 2006). “when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he damages property of another person” (Penal Law § 145.10; see Penal Law § 145.00 [1]; § 145.”
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