Opinion
2012-01-31
The PEOPLE of the State of New York, respondent, v. Remond BOWYER, defendant-appellant.
David J. Farrugia, Public Defender, Lockport (Mary–Jean Bowman of Counsel), for defendant-appellant. Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of Counsel), for respondent.
David J. Farrugia, Public Defender, Lockport (Mary–Jean Bowman of Counsel), for defendant-appellant. Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him, upon a jury verdict, of arson in the second degree (Penal Law § 150.15). Viewing the evidence in light of the elements of the crime as charged to the jury ( see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1), we reject defendant's contention that the verdict is against the weight of the evidence ( see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672). Although a different result would not have been unreasonable, it cannot be said that the jury failed to give the testimony, including the conflicting inferences that may be drawn therefrom, the weight it should be accorded ( see generally id.). The People presented evidence establishing that the fire was neither accidental nor the result of natural causes, and they presented evidence that defendant had both an opportunity and a motive to set the fire ( see People v. Gardner, 26 A.D.3d 741, 741–742, 808 N.Y.S.2d 519, lv. denied 6 N.Y.3d 848, 816 N.Y.S.2d 754, 849 N.E.2d 977). Finally, the sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.