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People v. Calderon

Appellate Division of the Supreme Court of New York, First Department
Dec 10, 1998
256 A.D.2d 122 (N.Y. App. Div. 1998)

Summary

blistering and smoke damage

Summary of this case from Makas v. Holanchock

Opinion

December 10, 1998

Appeal from the Supreme Court, Bronx County (Daniel Sullivan, J.).


There was legally sufficient evidence of guilt and the verdict was not against the weight of the evidence. Defendant's actions in reporting the fire he had set and acknowledging his culpability to the fire marshals provide ample evidence that he had been "aware of and consciously disregard[ed] a substantial and unjustifiable risk" (Penal Law § 15.05) that he would cause damage to the building. The blistering and smoke damage, which, according to the evidence and reasonable inferences therefrom, resulted from the fire, was sufficient to establish the damage element of the crime ( People v. Fleming, 164 A.D.2d 942, 943, lv denied 76 N.Y.2d 1021).

Concur — Sullivan, J. P., Milonas, Wallach, Williams and Mazzarelli, JJ.


Summaries of

People v. Calderon

Appellate Division of the Supreme Court of New York, First Department
Dec 10, 1998
256 A.D.2d 122 (N.Y. App. Div. 1998)

blistering and smoke damage

Summary of this case from Makas v. Holanchock
Case details for

People v. Calderon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND CALDERON, True…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 10, 1998

Citations

256 A.D.2d 122 (N.Y. App. Div. 1998)
682 N.Y.S.2d 38

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