| People v Reyes |
| 2016 NY Slip Op 01869 [137 AD3d 1060] |
| March 16, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Casimiro Reyes, Appellant. |
Seymour W. James, Jr., New York, NY (Allen Fallek of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove andThomas M. Ross of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County(Tomei, J.), rendered November 26, 2012, convicting him of conspiracy in the seconddegree, theft of services, and criminal possession of a weapon in the fourth degree, upona jury verdict, and imposing sentence.
Ordered that the judgment is modified, on the law, by vacating the conviction ofconspiracy in the second degree, vacating the sentence imposed thereon, and dismissingthat count of the indictment; as so modified, the judgment is affirmed.
The defendant was convicted of, among other crimes, conspiracy in the seconddegree. To convict him of that crime in this case, the jury had to find that the Peopleproved beyond a reasonable doubt, inter alia, that the defendant agreed with one or moreother people to engage in or cause the performance of conduct constituting arson in thefirst degree, namely, an arson that took place on March 1, 2010 (see Penal Law§ 105.15). Viewing the evidence in the light most favorable to the People(see People v Contes, 60 NY2d 620 [1983]), we find that it was legallyinsufficient to establish the defendant's guilt of conspiracy in the second degree.Although the People's evidence showed, inter alia, that the defendant was present at gangmeetings where the plan to commit the arson was discussed and that he knew the detailsof that plan, the evidence was legally insufficient to prove that the defendant entered intoa conspiratorial agreement. Accordingly, we must vacate the conviction of conspiracy inthe second degree and the sentence imposed thereon, and dismiss that count of theindictment.
We need not reach the defendant's remaining contentions in light of ourdetermination. Rivera, J.P., Austin, Sgroi and Barros, JJ., concur.