People v. Clark

— Yesawich, Jr., J.

Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered October 30, 1984, upon a verdict convicting defendant of the crimes of arson in the third degree, burglary in the third degree and petit larceny.

This appeal is the outgrowth of a burglary and deliberate burning of a fast-food restaurant in the City of Water vliet, Albany County. When the crimes were committed, defendant was 16 years old.

Testimony at trial conclusively established that at about *8693:00 a.m. on April 22, 1984, after consuming alcoholic beverages over a nine-hour period, defendant…