People v. Gerasimovic

Appellate Division of the Supreme Court of New York

People v. Gerasimovic

124 A.D.2d 593, 507 N.Y.S.2d 873, 1986 N.Y. App. Div. LEXIS 61905

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 3, 1986

StatusPublished

Cited by1 cases

This text of 124 A.D.2d 593 (People v. Gerasimovic) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Gerasimovic, 124 A.D.2d 593, 507 N.Y.S.2d 873, 1986 N.Y. App. Div. LEXIS 61905 (N.Y. Ct. App. 1986).

Pincite

Opinion

The evidence adduced at trial was sufficient to establish that the defendant intentionally started a fire by filling a bottle with gasoline, placing a rag in the bottle’s neck for a wick, and later lighting that wick. The trial court’s acquittal of the . defendant on the greater charges of arson in the first, second and third degrees was not inconsistent with his conviction of arson in the fourth degree. Rather the verdict was logically explained as a limited acceptance of the defendant’s intoxication defense to the extent of finding that he intentionally set a fire but recklessly, not intentionally, damaged the building (see, Penal Law §§ 150.20, 150.15, 150.10). Thompson, J. P., Weinstein, Rubin and Spatt, JJ., concur.

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The evidence adduced at trial was sufficient to establish that the defendant intentionally started a fire by filling a bottle with gasoline, placing a rag in the bottle’s neck for a wick, and later lighting that wick. The trial court’s acquittal of the . defendant on the greater charges of arson in the first, second and third degrees was not inconsistent with his conviction of arson in the fourth degree. Rather the verdict was logically explained as a limited acceptance of the defendant’s intoxication defense to the extent of finding that he intentionally set a fire but recklessly, not intentionally, damaged the building (see, Penal Law §§ 150.20, 150.15, 150.10). Thompson, J. P., Weinstein, Rubin and Spatt, JJ., concur.

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Bluebook (online)

124 A.D.2d 593, 507 N.Y.S.2d 873, 1986 N.Y. App. Div. LEXIS 61905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gerasimovic-nyappdiv-1986.

Opinion

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