People v El Machiah

2010 NY Slip Op 02170 [71 AD3d 914]

March 16, 2010

Appellate Division, Second Department

As corrected through Wednesday, April 28, 2010

The People of the State of New York, Respondent, v AkiliEl Machiah, Appellant.

—[*1]Thomas T. Keating, White Plains, N.Y. (Joseph M. Angiolillo of counsel), forappellant. Francis D. Phillips II, District Attorney, Goshen, N.Y. (Elizabeth L. Guinup andAndrew R. Kass of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.),rendered September 8, 2005, convicting him of arson in the third degree and attempted assault inthe second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contention that the trial court erred in permitting a fire investigation expertto opine that a fire was intentionally set is unpreserved for appellate review (see CPL470.05 [2]; People v Gssime, 269 AD2d 605 [2000]; People v Champion, 247AD2d 901 [1998]). In any event, the evidence of the defendant's guilt, without reference to thealleged error, was overwhelming, and there is no significant probability that the alleged errormight have contributed to the defendant's conviction. Thus, any error was harmless (seePeople v Crimmins, 36 NY2d 230, 237 [1975]; People v Adams, 43 AD3d 1423, 1424 [2007]; People v Narrod, 23 AD3d 1061,1062 [2005]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant's remaining contentions are without merit. Mastro, J.P., Leventhal, Lott andAustin, JJ., concur.