MANHATTAN GRAFFITI ARTIST CONVICTED OF PAINTING ON PRIVATE PROPERTY WITHOUT OWNER’S PERMISSION

Bronx District Attorney Robert T. Johnson announced today that graffiti artist James DeLaVega has been convicted of painting on the wall of a building housing a medical supply business without the owner’s permission.

DeLaVega, 32, of 119 East 102nd Street, Manhattan, was found guilty of one count of Attempted criminal mischief, one count of Attempted making graffiti, and one count of Possession of graffiti instruments, following a non-jury trial before Criminal Court Judge Seth Marvin. All three charges are Class B Misdemeanor offences punishable by a maximum sentence of up to 90 days in jail. Sentencing has been set for Thursday, July 29, 2004 in Part AP3.

DeLaVega, who testified, admitted that he did not have permission to paint on the wall. He also told the court that it was not his intention to damage the property which belonged to Borda Products, a medical supply company at 80 Bruckner Boulevard. District Attorney Johnson said of the verdict: “It’s a simple proposition. You need an owner’s permission to paint on his or her property. The quality of the artwork does not change that fact.”

The graffiti was painted shortly after midnight on July 17, 2003. A police officer observed DeLaVega with a paint brush in his hand applying white paint to the medical supply company’s wall. When confronted, DeLaVega told the officer that he was an artist and that he painted graffiti all over the city.

The case is being prosecuted by Assistant District Attorney Karen Antoine.