People v. Montgomery

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lakritz, J.), rendered November 14, 1989, convicting *525him of murder in the second degree (two counts), arson in the first degree, assault in the first degree (four counts), reckless endangerment in the first degree (two counts) and criminal mischief in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

As we held on the appeal of the codefendant, the trial court did not err by refusing to submit to the jury the factual issue of whether the principal prosecution…