Ordered that the order is modified, on the law, by granting the defendant's motion to vacate the judgment to the extent that the conviction of arson in the first degree and the sentence imposed thereon are vacated; as so modified, the order is affirmed, and the matter is remitted to the Supreme Court, Kings County, for a new trial on that count.
Based upon the uncontroverted evidence contained in the defendant's postjudgment motion papers, we find that the prosecution...
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