People v. Kazmarick

*1013OPINION OF THE COURT

Louis B. Scheinman, J.

This motion to dismiss the indictment for legal insufficiency of the evidence before the Grand Jury was initially part of defendant’s omnibus motion. The other matters on said omnibus motion having been resolved, this decision will concern itself solely with said application to dismiss.

The indictment charges the defendant, in five separate counts, with murder in the second degree of five persons, under subdivision 2 of section 125.25 of the Penal Law, the "depraved indifference to human life” statute.

The alleged crimes arose out of a most tragic fire…