Fourth Department – Murder and arson: People v. Exford

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Murder and arson — Circumstantial evidence instruction

People v. Exford

KA 22-01785

Appealed from Lewis County Court

Background: The defendant appealed from his conviction of three counts of arson, four counts of murder, and six counts of reckless endangerment. The conviction arose from a fire that destroyed an apartment building, killing two people. The evidence at trial included surveillance videos from businesses in the vicinity establishing that the defendant had the opportunity to set the fire because at the time the fire became visible in the building’s entryway, the defendant was exiting the premises. Testimony from the fire inspector ruled out any causes of the fire and he opined the fire was caused by a human.

Ruling: The Appellate Division reversed and ordered a new trial. The court held that it was in error to deny the defendant’s request for a circumstantial evidence instruction. The strongest evidence linking the defendant to the crime is the video surveillance recording. There is no way to discern from the video the exact moment that the fire is set or precisely how the fire began.

Piotr Banasiak, of Banasiak Law Office, for the defendant-appellant; John A. Cirando, of the district attorney’s office, for the respondent.

Oral argument video