Arson
- Title
- Abstract
-
Arson
-
Arson in the first degree.
A person who intentionally sets fire to a structure or building in which there is a human being is guilty of arson in the first degree. The penalty is imprisonment for a term no greater than forty years.
-
Arson in the second degree.
Anyone who sets on fire an uninhabited building at night-time or an inhabited building during the day or intentionally sets on fire a structure with intent to defraud the insurer is guilty of second degree arson. The punishment is imprisonment for no more than twenty-five years.
-
Arson in the third degree.
A person who intentionally sets on fire a structure under other circumstances (than those covered by first- or second-degree arson) is guilty of arson in the third degree, punishable by a term no more than fifteen years.
-
1082: The People of the State of New York v. Harry Zabransky
Fire broke out on the night of September 24, 1908, in a blacksmith’s shop at First Avenue and 99th Street. Harry Zabransky, a fruit peddler, has been indicted on a charge of arson in the 3rd degree. Jacob Levy, a truckman, testifies for the prosecution that he saw Zabransky exit a window at the front of the building just as flames broke out. Dinah Posner, 23, and her sister, Marie Rubinstein, 13, both testify that Zabransky came to their dwelling that night seeking shelter. Zabransky, smelling strongly of kerosene oil, had explained that he had set a fire on First Avenue and that he was being chased. Two witnesses, Philip Posner and David Kapochelsky, state that they had heard Zabransky say that someone had promised him $75 to burn down the blacksmith’s shop. Witnesses for the defense dispute every detail of the state’s evidence. William Lippman, a fruit peddler, and Louis Saks, a wagon builder, both state that there was no window at the front of the blacksmith’s shop. Becky Goldman, sister of the defendant; Samuel Goldman, brother-in-law; Fanny Hochfeld, aunt; and Morris Reissman, cousin, all testify that Zabransky was ill, lying in bed, suffering from a carbuncle, at the time when the fire occurred. Zabransky, testifying on his own behalf, states that Philip Posner had threatened to kill him on account of Posner’s belief that Zabransky had slept with his wife, Dinah. The defense attorney, Nathaniel Levy, claims that his client has been framed by Posner and his friends and the judge, James T. Malone, in directing the jury to acquit Zabransky, says that there is insufficient evident to convict. The jury finds the defendant not guilty. -
0038: The People of the State of New York v. Jacob J. Kaiser
Jacob Kaiser, 30, a clothing manufacturer, is charged with arson in the third degree. Fire broke out at 438 Broadway, near Canal Street, on the evening of April 22,1893. Michael McEvoy and Joseph McGill, both firemen, testify that they discovered two five-gallon cans, one containing benzene, the other turpentine, on the premises. Thomas Freel, a deputy fire marshal, says that the defendant gave contradictory accounts of his whereabouts that evening. The defendant had taken out three insurance policies for a total of $3500 on goods in the building. James Mitchell, fire marshal, testifies that the defendant had been connected to similar outbreaks of fire in New York in the past. There is no record of a jury verdict.