PEOPLE v. LEE


251 A.D.2d 682 (1998)

675 N.Y.S.2d 556

The People of the State of New York, Respondent, v. Jae Lee, Appellant

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

June 29, 1998


Ordered that the judgment is affirmed.

Contrary to the defendant's unpreserved contention, the proof was legally sufficient to establish that the defendant either knew that a nonparticipant in the arson was in the building at the time the defendant started the fire, or that the circumstances were such as to render the presence of another person in the building a reasonable possibility (see, Penal Law § 150.15). Moreover, upon the exercise of our factual...

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