Order reversed, on the law and the facts, without costs or disbursements, and petition dismissed.
The circumstantial evidence linking appellant to the acts of arson and criminal mischief does not exclude to a moral certainty every other hypothesis consistent with his innocence (see People v Lewis, 275 N.Y. 33, 39). Moreover, the charges of escape in the second degree and resisting arrest were not proven, since (1) appellant was still in custody while locked...
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