Appeal from a judgment of the County Court of Montgomery County (Catena, J.), rendered January 7, 2009, upon a verdict convicting defendant of the crimes of arson in the second degree and reckless endangerment in the first degree.
Late in the evening of March 7, 2008, Jason Savoie engaged in an extended telephone argument with Walter Albino. As a result, Savoie determined to fight Albino. Thereafter, in the early morning hours of the next day, Savoie drove to Albino’s house, accompanied by defendant, who also had a dispute with Albino. Also in the car were several of their friends, including Jocelyn Bishop, Brandi Loney and Lyndsay Iannotti. When they arrived, Savoie and defendant walked onto the porch and knocked on Adbino’s door; there was no response. According to Savoie, he then picked up a plastic gasoline container found near the doorway, poured fuel onto the porch and defendant ignited the gasoline. Albino reported that, at the time of these events, he heard voices outside his house, followed by “people running away.” He then saw “a glare coming from the porch”
Subsequently, defendant was arrested and charged with arson in the second degree and reckless endangerment in the first degree.
Initially, defendant contends that his convictions were not supported by legally sufficient evidence.
Notably, “[w]hen called upon to review the legal sufficiency of the evidence, we view the evidence in the light most favorable to the People, and we will not disturb the verdict if the evidence demonstrates a valid line of reasoning and permissible inferences that could lead a rational person to the conclusion reached by the jury” (People v Vargas,
Finally, defendant challenges the jury’s verdict as against the weight of the evidence, arguing that the testimonies of Savoie and Bishop were unworthy of belief. However, the credibility of these witnesses was thoroughly challenged during cross-examination, and all relevant concerns were put before the jury (see People v Doyle,
Rose, Stein, McCarthy and Garry, JJ., concur. Ordered that the judgment is affirmed.
Notes
. Savoie was also arrested and separately charged; he pleaded guilty to a lesser count of arson in the fourth degree in exchange for his agreement to cooperate with the prosecution of defendant.
. Although somewhat unartfully worded, defense counsel preserved the legal insufficiency issue for our review in his motion to dismiss both charges at trial.
. As relevant herein, arson in the second degree requires proof that the defendant “intentionally damage[d] a building ... by starting a fire . . . when . . . another person who is not a participant in the crime is present in such building ... at the time [and the defendant knew of that person’s presence] or the circumstances are such as to render the presence of such a person therein a reasonable possibility” (Penal Law § 150.15).
. “A person is guilty of reckless endangerment in the first degree when, under circumstances evincing a depraved indifference to human life, he [or she] recklessly engages in conduct which creates a grave risk of death to another person” (Penal Law § 120.25).
