PEOPLE v. GAINES


143 A.D.2d 520 (1988)

The People of the State of New York, Respondent, v. Joseph Martin Gaines, Appellant

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

September 27, 1988


Judgment unanimously affirmed.

Memorandum:

The proof of defendant's guilt of felony (arson) murder is overwhelming. On February 1, 1982, while fighting a fire at the Apex grocery store in Niagara Falls, firefighter Charles Palmore became entrapped in the apartment above the store and lost his life. The evidence at the trial indicated the fire had been set. When the fire was first discovered, the rear door of the store was wide open and footprints in the snow...

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