People v Wright

People v Wright 2013 NY Slip Op 08359 Decided on December 12, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 12, 2013
Mazzarelli, J.P., Sweeny, DeGrasse, Manzanet-Daniels, Feinman, JJ.
11321 3236/09

[*1]The People of the State of New York, Respondent,

v

Simon Wright, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (David Crow
of counsel), and Davis Polk & Wardwell LLP, New York
(Sallie S. Kim of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Ravi Kantha of
counsel), for respondent.

Judgment, Supreme Court, Bronx County (Colleen D. Duffy, J.), rendered November 8, 2010, convicting defendant, after a jury trial, of attempted arson in the second degree, and sentencing him to a term of five years, unanimously affirmed.

The verdict was not against the weight of the evidence (People v Danielson, 9 NY3d 342 [2007]). The evidence supports the inference that defendant intended to start a fire when, in an effort to collect back pay, he poured gasoline on the floor of his former place of employment, went outside, lit a match and threw it inside the store, knowing that an employee was still inside.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 12, 2013

CLERK