People v. Davis

This is a motion to dismiss the count of arson in the second degree. The defendant is charged by indictment with the crimes of arson in the second degree, arson in the fourth degree, reckless endangerment in the first degree, based upon the allegations that he set fire to an abandoned building which adjoined another building to which the fire spread. It is alleged that the second building was inhabited and the event occurred at night.

It is defendant’s contention that the count of arson in the second degree should be dismissed because the fire was not set in the inhabited building but spread…