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PEOPLE v. TREPANIER

84 A.D.2d 374 (1982)

The People of the State of New York, Appellant, v. Andre Trepanier, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 29, 1982

Attorney(s) appearing for the Case

Richard A. Hennessy, Jr., District Attorney (John A. Cirando and H. Larry Vozzo of counsel), for appellant.

Robert L. Tisdell for respondent.

SIMONS, J. P., CALLAHAN, DENMAN and MOULE, JJ., concur.

SCHNEPP, J.

We cannot agree that, in the circumstances of this case, defendant can be exonerated from criminal liability for attempted arson because the accomplice whom he hired to commit the crime had no criminal intent and did not attempt to commit the arson. The Onondaga County Grand Jury indicted the defendant for the crimes of attempted arson in the second degree (Penal Law, §§ 110.00, 150.15...

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