People v. Utsey

182 A.D.2d 575, 582 N.Y.S.2d 433, 1992 N.Y. App. Div. LEXIS 6355

Opinion

Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered November 8, 1990, convicting defendant after a jury trial, of arson in the third degree, and sentencing him, as a predicate felon, to a prison term of 5 to 10 years, unanimously affirmed.

The evidence, including that of the threats defendant made to the complainant, was sufficient to permit the jury to ex- elude to a moral certainty any reasonable explanation other than that defendant ignited the fire (see, People v Hoppe, 89 AD2d 670, 671). A jury could reasonably infer that by leaving a burning trash bag against the door of the complainant’s apartment, defendant intended that the building would be damaged by fire (see, People v Blum, 72 AD2d 691). We have considered defendant’s other arguments, including that his sentence is excessive, and find them to be without merit. Concur — Sullivan, J. P.,-Carro, Kupferman, Kassal and Smith, JJ.