The court properly declined to submit third-degree arson as a lesser included offense of second-degree arson. The relevant difference between the two degrees is that second-degree arson requires that the building be occupied, and that "the defendant knows that fact or the circumstances are such as to render the presence of such a person therein a reasonable possibility" (Penal Law § 150.15). There is no reasonable view of the evidence (see generally People v Scarborough...
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