PEOPLE v. JACKSON (1999)

Appeal by the defendant from a judgment of the County Court, Nassau County (Orenstein, J.), rendered August 18, 1997, convicting her of arson in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it is legally sufficient to establish the defendant's guilt beyond a reasonable doubt.

 The defendant contends that the evidence presented at trial was legally insufficient to establish the “damage” element required for a conviction under arson in the second degree (Penal Law § 150.15).   We disagree.   The evidence adduced at trial established that portions of the building in question exhibited a burn pattern and charring as a result of fire.   The slightest damage to a building is sufficient to constitute the damage element for the purposes of arson in the second degree (see, People v. McDonald, 68 N.Y.2d 1, 505 N.Y.S.2d 824, 496 N.E.2d 844;  People v. Fleming, 164 A.D.2d 942, 560 N.Y.S.2d 50).

MEMORANDUM BY THE COURT.