Opinion
February 3, 1995
Appeal from the Jefferson County Court, Clary, J.
Present — Green, J.P., Balio, Fallon, Callahan and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: The evidence that defendant fired a shot at close range into the victim's chest after declaring that the victim was "going down" is sufficient to support the inference that defendant intended to cause death (see, People v. Lawrence, 186 A.D.2d 1016, 1017, lv denied 81 N.Y.2d 790; People v. Green, 143 A.D.2d 768, 770, lv denied 73 N.Y.2d 922). Upon our review of the record, we conclude that the verdict is not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495). We decline to modify defendant's sentence as a matter of discretion in the interest of justice (see, CPL 470.15 [b]).