Opinion
Submitted June 8, 1999
October 4, 1999
Appeal by the defendant from a judgment of the County Court, Nassau County (Orenstein, J.).
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it is legally sufficient to establish the defendant's guilt beyond a reasonable doubt.
The defendant contends that the evidence presented at trial was legally insufficient to establish the "damage" element required for a conviction under arson in the second degree (Penal Law § 150.15). We disagree. The evidence adduced at trial established that portions of the building in question exhibited a burn pattern and charring as a result of fire. The slightest damage to a building is sufficient to constitute the damage element for the purposes of arson in the second degree ( see, People v. McDonald, 68 N.Y.2d 1; People v. Fleming, 164 A.D.2d 942).
RITTER, J.P., JOY, H. MILLER and SMITH, JJ., concur.