PEOPLE v. ACEVEDO

4508, 5174/13.

153 A.D.3d 1184 (2017)

2017 NY Slip Op 06626

62 N.Y.S.3d 319

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GIOVANNI ACEVEDO, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided September 26, 2017.


The court erred by denying defendant's request to instruct the jury on the lesser included offense of arson in the fourth degree. There was a reasonable view of the evidence that defendant was not guilty of second-degree arson, but was guilty of fourth-degree arson (see generally People v Rivera, 23 N.Y.3d 112, 120 [2014]).

The relevant difference between these crimes in this case is that second-degree arson involves intentionally...

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