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Bruce R. Bryan

NY Arson Appeals

In New York, the crime of arson involves the use of fire or an explosive device to intentionally damage property.

NY Appeal from Conviction for Arson in the First Degree

Arson is categorized according to degree, with the crime of Arson in the First Degree having several aggravating facts. A person is guilty of Arson in the First Degree when he intentionally damages a building or motor vehicle by causing an explosion or fire with an incendiary device or explosive; or when the explosion or fire causes, among other things, serious physical injury to another person other than a participant; or when the fire damage was caused for profit.

NY Appeal from Conviction for other Degrees of Arson

Arson in the Second Degree and Arson in the Third Degree likewise require intentional conduct but these crimes are absent one or more of the aggravating facts required for Arson in the First Degree. Second and Third Degree Arson require damage to a building or motor vehicle. Arson in the Fourth Degree criminalizes reckless damage to a building or motor vehicle by fire or explosion. Arson in the Fifth Degree criminalizes the intentional damage merely of “property of another” without the owner’s consent by fire or explosion.

Issues in an Arson Appeal

A NY arson appeal may challenge, among other things, the sufficiency of the evidence supporting the elements of the crime charged. For example, a NY arson appeal may argue that the fire had an accidental cause, or a cause other than the defendant. A NY arson appeal may argue that other errors deprived the defendant of a fair trial, such as the admission of hearsay evidence or the improper limitation on cross-examination (see Pre-Trial Errors). A NY arson appeal may argue that errors occurred before the trial, such as in a ruling that denied the suppression of evidence (see Trial Errors). A NY arson appeal may also argue that post-trial and sentencing errors occurred (see Sentencing Errors).

NY Arson Appeals to NY Appeals Courts

Most NY arson appeals are heard by one of the Departments of the Appellate Division of the Supreme Court of New York. (A NY arson appeal may be heard by Special Terms of the First and Second Department) (Click here for the NY counties and NY Appeals Court to which a NY arson appeal would be heard).

Contact NY Criminal Appeals Lawyer Bruce R. Bryan

As demonstrated in his attorney biography, Mr. Bryan has had a successful career as a NY criminal appeals lawyer, and has handled many NY criminal appeals, including NY arson appeals. He is the author of Guide to Criminal Appeals, Review and Parole in New York, a thorough book that explains in understandable terms how to effectively bring NY criminal appeals. (You may obtain a Free Downloadable Copy of his book here).

Mr. Bryan is an Adjunct Professor of Appellate Advocacy at Cornell Law School, one of this nation’s finest law schools. He is a lecturer to other lawyers on criminal appeals to NY appeals courts. He has also appeared before the Supreme Court of the United States and United States Circuit Courts of Appeal on federal criminal appeals.

To reach Mr. Bryan to discuss with him a NY arson appeal, contact him at one of his law offices in Syracuse, New York at 315-280-8790 or White Plains, New York at 914-281-1850.

B. Bryan, "Defendant's Guide to Criminal Appeals, Review & Parole in New York," (2005)


Guide to Criminal Appeals, Review & Parole in New York | Bryan Criminal Appeals Lawyer NY

The object of appellate advocacy is to persuade. The winning advocate focuses the court on the strength of your case. Read More

Cornell Adjunct Professor of Law


Guide to Criminal Appeals, Review & Parole in New York | Bryan Criminal Appeals Lawyer NY

As an adjunct faculty, Professor Bryan teaches "Advanced Persuasive Writing and Appellate Advocacy" to second and third year law students at Cornell Law School. Read More