Summary
finding evidence of second degree attempted arson and first degree reckless endangerment legally sufficient where proof established that defendant, disgruntled over being evicted, doused halls and stairways of apartment building with gasoline and then left when tenants came out and confronted her
Summary of this case from Davis v. SmithOpinion
October 1, 1992
Appeal from the Supreme Court, New York County, Richard Lowe, J.
Disgruntled over being evicted, defendant spray-painted a hate message on a tenant's door and liberally doused the halls and stairways of a four story apartment building with gasoline. When several tenants came out and angrily confronted her, defendant left. The fire marshall promptly responded to the scene and supervised the mopping-up and ventilation of the building. A grave risk of death had clearly been created by defendant's actions (People v Deitsch, 97 A.D.2d 327). The requisite intent to start a fire can be inferred from her conduct (see, People v Bracey, 41 N.Y.2d 296, 301). The act which gives rise to liability for attempt need not be the final one towards the completion of the offense (People v Mahboubian, 74 N.Y.2d 174, 190), but it must carry the project forward within dangerous proximity to the criminal end to be attained (supra). We find this evidence more than sufficient for the jury to convict defendant of both attempted arson in the second degree and reckless endangerment in the first degree.
Concur — Milonas, J.P., Rosenberger, Ellerin and Rubin, JJ.