Opinion
April 20, 1995
Appeal from the Supreme Court, New York County (James Leff, J.).
Viewed in a light most favorable to the People, the evidence that shortly before the fire began defendant advised his neighbor that he was going to do something in his apartment and not to worry if she smelled smoke; that the fire originated in defendant's apartment, was caused by the ignition of a flammable liquid and excluded accidental causes was sufficient to establish defendant's culpability of an intentional burning of a building.
Upon a review of the entire record, we find the sentence excessive to the extent indicated.
Concur — Murphy, P.J., Rosenberger, Kupferman, Nardelli and Mazzarelli, JJ.