People v. Weiss

—Judgment, Supreme *268Court, New York County (Charles Tejada, J.), rendered February 19, 1997, convicting defendant, after a jury trial, of arson in the third degree and insurance fraud in the third degree, and sentencing him to concurrent terms of 1 to 3 years and 1 day, respectively, unanimously affirmed. The matter is remitted to Supreme Court, New York County, for further proceedings pursuant to CPL 460.50 (5).

There was legally sufficient evidence of guilt and the verdict was not against the weight of the evidence. There was overwhelming circumstantial evidence of defendant’s identity as the…