Opinion
August 12, 1985
Appeal from the County Court, Orange County (Ingrassia, J.).
Judgment affirmed.
There was sufficient evidence to sustain defendant's conviction of arson in the second degree, as the testimony indicated that the building was damaged and that defendant knew that there were people present in the building when he started the fire. Defendant's statement to the police, given after a knowing and voluntary waiver of his rights, when viewed in conjunction with the circumstantial evidence presented by the prosecution, established beyond a reasonable doubt that defendant intentionally started the fire intending to cause damage to the building, by piling up rags next to the wooden door of a storage room, holding a match to them until they started burning, and then leaving the fire unattended ( see, Penal Law § 150.15; People v. Kennedy, 47 N.Y.2d 196; People v. Torres, 99 Misc.2d 767). Thompson, J.P., Niehoff, Lawrence and Kunzeman, JJ., concur.