People v. Lingle
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*288Judgment, Supreme Court, New York County (Charles J. Tejada, J.), rendered May 19, 2004, convicting defendant, after a jury trial, of arson in the second degree and reckless endangerment in the first degree, and sentencing him, as a second felony offender, to concurrent terms of 14 years and 372 to 7 years, respectively, unanimously affirmed.
The court properly declined to submit third-degree arson as a lesser included offense of second-degree arson. The relevant difference between the two degrees is that second-degree arson requires that the building be occupied, and that “the defendant knows…
2Cases cited11 opinions
- People v. OverleeAppellate Division of the Supreme Court of the State of New York · 1997
- Hill v. United States Ex Rel. WamplerSupreme Court of the United States · 1936
- People v. ScarboroughNew York Court of Appeals · 1980
- People v. MorganNew York Court of Appeals · 1995
- Sean Earley v. Timothy MurrayCourt of Appeals for the Second Circuit · 2006
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- People v. SparberNew York Court of Appeals · 2008
- Vincent v. Yelich Earley v. AnnucciCourt of Appeals for the Second Circuit · 2013
- Bentley v. DennisonDistrict Court, S.D. New York · 2012
- People v. DuncanAppellate Division of the Supreme Court of the State of New York · 2007
- People ex rel. Gerard v. KralikAppellate Division of the Supreme Court of the State of New York · 2007
13 more not listed; retrieve them via the Exa API.