People v. Mastrangelo

—Judgment unanimously affirmed. Memorandum: Defendant was convicted, following a jury trial, of arson in the second degree and criminal mischief in the second degree, for setting fire to an occupied residence. Defendant contends that County Court erred in admitting into evidence statements made by defendant to his estranged wife that were protected by the marital privilege. We agree (see, CPLR 4502 [b]; People v Fediuk, 66 NY2d 881, 883). We conclude, however, that the error is harmless because the proof of defendant’s guilt, which included admissions that defendant made to two other…