Majority
p. 575The People of the State of New York, Respondent, v Freddie Utsey, Appellant.
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-
p. 576
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.
Cases cited
- People v. Hoppe 89 AD2d 670 at 671 p. 576
- People v. Blum 72 AD2d 691 p. 576