People v. La Barbera

The defendant was convicted of the crime of arson in the second degree. The Appellate Division reversed on the law and granted a new trial. The case comes here on a certification obtained by the People from a justice of the Appellate Division that a question of law is involved. Subsequently the same justice, upon the application of the defendant, certified that “ questions pf law and facts are involved in this action which ought to be reviewed by the Court of Appeals, and permission is hereby given to appeal from such order affecting the substantial rights of the defendant.” Pursuant to this…