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People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Dec 9, 2003
2 A.D.3d 175 (N.Y. App. Div. 2003)

Opinion

2423.

Decided December 9, 2003.

Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered January 18, 2001, convicting defendant, after a jury trial, of attempted murder in the second degree, criminal use of a firearm in the first degree and criminal possession of a weapon in the second and third degrees, and sentencing him, as a second felony offender, to concurrent terms of 25 years, 15 years (two terms) and 7 years, respectively, unanimously affirmed.

Holly Agajanian, for Respondent.

Tila M. Duhaime, for Defendant-Appellant.

Before: Buckley, P.J., Andrias, Saxe, Williams, Gonzalez, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Defendant's homicidal intent could be readily inferred from the fact that he fired numerous shots at the fleeing victim, causing several wounds ( see e.g. People v. Perez 64 N.Y.2d 868; People v. Douglas, 273 A.D.2d 24, lv denied 95 N.Y.2d 889).

We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Dec 9, 2003
2 A.D.3d 175 (N.Y. App. Div. 2003)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SINDY SMITH…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 9, 2003

Citations

2 A.D.3d 175 (N.Y. App. Div. 2003)
768 N.Y.S.2d 211

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