Application unanimously denied, without costs, and, petition dismissed.
Memorandum:
On October 22, 1976, after a jury trial in Oneida County Court, petitioner was acquitted of arson second degree and arson third degree (Penal Law, §§ 150.15, 150.10). The charges stemmed from a fire which caused damage to a building in Utica. The jury disagreed on the lowest submitted charge of arson fourth degree (Penal Law, § 150.05). The issue presented by...
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