Opinion
July 13, 1984
Appeal from the Erie County Court, McCarthy, J.
Present — Doerr, J.P., Boomer, Green, O'Donnell and Schnepp, JJ.
Judgment unanimously affirmed. Memorandum: Defendant's conviction of arson in the third degree was not against the weight of the evidence. The People established motive and opportunity to commit the crime and excluded any reasonable hypothesis that the fire was innocent in nature ( People v Feuerstein, 74 A.D.2d 853). The testimony of the People's expert witnesses did not impermissibly indicate that the fire was set intentionally ( People v. Grutz, 212 N.Y. 72, 82; People v Vincek, 75 A.D.2d 412, 416).
¶ The Trial Judge properly refused to admit in evidence the results of a polygraph examination ( People v. Leone, 25 N.Y.2d 511; People v. Hughes, 88 A.D.2d 17, 22, affd 59 N.Y.2d 523). Other issues raised have been examined and found to be without merit.