Opinion
May 28, 1993
Appeal from the Yates County Court, Falvey, J.
Present — Callahan, J.P., Green, Lawton, Doerr and Boomer, JJ.
Judgment unanimously affirmed. Memorandum: Defendant was convicted, following a jury trial, of two counts of arson in the third degree, criminal mischief in the third degree, burglary in the third degree and petit larceny. That verdict is not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495). The testimony of the alleged accomplice was supported by corroborative evidence "tending to connect the defendant with the commission" of the crimes (CPL 60.22; People v Moses, 63 N.Y.2d 299, 306; People v Brooks, 144 A.D.2d 1012, lv denied 73 N.Y.2d 889). The trial court did not err in permitting testimony of a prior uncharged crime because it was relevant to establish defendant's motive for the attempted arson at the Lakeside Country Club maintenance barn (see, People v Molineux, 168 N.Y. 264, 293). The photograph of the gas can was not one that would inflame the jury and prejudice it against defendant (see, People v Pobliner, 32 N.Y.2d 356, 370, cert denied 416 U.S. 905). The identity of the rock found in the car and its unchanged condition were sufficiently proven and that evidence was properly admitted (see, People v Julian, 41 N.Y.2d 340, 342-343; People v Ramos, 147 A.D.2d 718, lv denied 74 N.Y.2d 817). In view of the seriousness of defendant's actions and the number of crimes he committed in a relatively short period of time, the court did not abuse its discretion in imposing the sentence.