People v Wright
2013 NY Slip Op 08359 [112 AD3d 492]
December 12, 2013
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 29, 2014


The People of the State of New York, Respondent,
v
Simon Wright, Appellant.

[*1] Steven Banks, The Legal Aid Society, New York (David Crow of counsel), and Davis Polk & Wardwell LLP, New York (Sallie S. Kim of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Ravi Kantha of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Colleen D. Duffy, J.), rendered November 8, 2010, convicting defendant, after a jury trial, of attempted arson in the second degree, and sentencing him to a term of five years, unanimously affirmed.

The verdict was not against the weight of the evidence (People v Danielson, 9 NY3d 342 [2007]). The evidence supports the inference that defendant intended to start a fire when, in an effort to collect back pay, he poured gasoline on the floor of his former place of employment, went outside, lit a match and threw it inside the store, knowing that an employee was still inside. Concur—Mazzarelli, J.P., Sweeny, DeGrasse, Manzanet-Daniels and Feinman, JJ.