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PEOPLE v. RIVERA

131 A.D.2d 518 (1987)

The People of the State of New York, Respondent, v. Doris Rivera, Appellant

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

June 1, 1987

Ordered that the judgment is affirmed, and the case is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).

Fire Marshal Smith's testimony that based upon his investigation, he had eliminated "to a reasonable degree of scientific certainty" all possible "natural" and "accidental" causes of the fire, was entirely proper (see, People v Maxwell, 116 A.D.2d 667, 668). At no point...

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