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PEOPLE v. FERNANDEZ

150 Misc.2d 560 (1991)

The People of the State of New York, Plaintiff, v. Jose Fernandez, Also Known as Munstro, Also Known as Munstro, et al., Defendants.

Supreme Court, New York County.

April 11, 1991

Attorney(s) appearing for the Case

Robert M. Baum, Jeremy Schneider and Alan M. Gardner for Jose Fernandez, defendant. Jay S. Locker for Ralph Nunez, defendant. Lawrence Linzer for Leonardo Sanchez, defendant. Lawrence H. Levner for Christian Guzman, defendant. Murray Cutler for Ceasar Puello, defendant. Robert M. Morgenthau, District Attorney (Sean P. Dwyer of counsel), for plaintiff.

FELICE K. SHEA, J.

Is an automobile an "incendiary device" within the statute defining arson in the first degree when its windows have been smashed to provide ventilation, its interior doused with gasoline, it is driven into the lobby of a New York City apartment building and ignited with a book of matches? The People argue in opposition to defendants' motion to dismiss the indictment that defendants constructed...

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