Summary
In People v Sims (37 N.Y.2d 906) it was held that testimony of an arson investigator was sufficient for the trial jury to have concluded that the fire was of an incendiary origin, thus satisfying the requirement of corroboration of defendant's confession.
Summary of this case from People v. KazmarickOpinion
Argued September 16, 1975
Decided October 30, 1975
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ERNEST L. SIGNORELLI, J.
Frederic Block for appellant.
Henry F. O'Brien, District Attorney (Charles M. Newell of counsel), for respondent.
MEMORANDUM. The order of the Appellate Division should be affirmed.
Entirely aside from conduct and statements of defendant prior to the fire touching on his possible motive and intent, there was competent evidence, chiefly in the testimony of the People's arson investigator, from which the jury could have concluded that the fire was of incendiary origin thus satisfying the requirement of corroboration of his confession. (CPL 60.50.)
The other assertions of error now advanced by defendant were not preserved for our review.
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.
Order affirmed in a memorandum.