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PEOPLE v. BATTLES

No. 216.

16 N.Y.3d 54 (2010)

942 N.E.2d 1026

917 N.Y.S.2d 601

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CALVIN BATTLES, Appellant.

Court of Appeals of New York.

Decided December 14, 2010.

Attorney(s) appearing for the Case

Calvin Battles , appellant pro se.

Legal Aid Society, New York City ( Svetlana M. Kornfeind , Steven Banks and Andrew C. Fine of counsel), for appellant.

Charles J. Hynes , District Attorney, Brooklyn ( Solomon Neubort and Leonard Joblove of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ and SMITH concur with Judge PIGOTT; Chief Judge LIPPMAN dissents in part in a separate opinion; Judge JONES dissents in part in another opinion.

OPINION OF THE COURT

PIGOTT, J.

One person was burned to death and three others severely burned as a result of defendant's pouring gasoline over several individuals and setting a fire. The primary issue before us is whether, under the facts of this case, following defendant's conviction, the court's sentencing of defendant to consecutive terms of imprisonment was proper. A review of the evidence presented...

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