People v. Harvin
| Decision Date | 13 July 2010 |
| Citation | 904 N.Y.S.2d 507,75 A.D.3d 559 |
| Parties | The PEOPLE, etc., respondent, v. Freddie HARVIN, appellant. |
| Court | New York Supreme Court — Appellate Division |
75 A.D.3d 559
The PEOPLE, etc., respondent,
v.
Freddie HARVIN, appellant.
Supreme Court, Appellate Division, Second Department, New York.
July 13, 2010.
Lynn W.L. Fahey, New York, N.Y. (Steven R. Bernhard of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Morgan J. Dennehy, and David Korngold of counsel), for respondent.
REINALDO E. RIVERA, J.P., RUTH C. BALKIN, JOHN M. LEVENTHAL, and SHERI S. ROMAN, JJ.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ingram, J.), rendered April 22, 2008, convicting him of attempted arson in the second degree, reckless endangerment in the first degree, and criminal mischief in the fourth degree, after a nonjury trial, and imposing sentence.
ORDERED that the judgment is modified, on the facts, by vacating the conviction of attempted arson in the second degree and reducing the conviction of reckless endangerment in the first degree to reckless endangerment in the second degree, and vacating the sentences imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for sentencing to time served on the conviction of reckless endangerment in the second degree.
Contrary to the defendant's contention, viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that the evidence established a valid line of reasoning and permissible inferences that could lead a rational person to the conclusions that the defendant intended to damage a building by starting the subject fire ( see Penal Law § 150.15; People v. Thomas, 214 A.D.2d 439, 440, 626 N.Y.S.2d 446), and that in doing so he acted with depraved indifference to human life ( see Penal Law § 120.25; see generally People v. Anderson, 38 A.D.3d 1061, 1062, 831 N.Y.S.2d 582; People v. Oreckinto, 178 A.D.2d 562, 562, 577 N.Y.S.2d 470). Accordingly, the evidence was legally sufficient to support the convictions of attempted arson in the second degree and reckless endangerment in the first degree ( see generally People v. Williams, 84 N.Y.2d 925, 926, 620 N.Y.S.2d 811, 644 N.E.2d 1367; People v. Pickens, 60 A.D.3d 699, 701, 874 N.Y.S.2d 570).
However, in fulfilling our responsibility to conduct an independent review of the weight of the evidence ( see CPL 470.15[5]; People v. Danielson, 9...
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