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People v. Braxton

Appellate Division of the Supreme Court of New York, Second Department
Nov 12, 1991
177 A.D.2d 583 (N.Y. App. Div. 1991)

Opinion

November 12, 1991

Appeal from the Supreme Court, Queens County (Browne, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt of attempted murder in the second degree. The trial evidence shows that the defendant went to the workplace of his estranged wife, locked the two of them in a small room alone, and proceeded to stab her with a knife which had a blade of four to six inches long. He stabbed her in the neck twice, near the jugular vein, inflicting a wound nearly one inch deep, and he stabbed her in the forehead, knee and through her hand, which she had held over the left side of her chest during the attack. The proof, therefore, was sufficient for the jury to infer that the defendant had the requisite mental culpability to commit murder (see, Penal Law § 125.25; People v. Perez, 64 N.Y.2d 868; People v. Cahill, 167 A.D.2d 411; People v. Taylor, 163 A.D.2d 902). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15). Balletta, J.P., Rosenblatt, Ritter and Copertino, JJ., concur.


Summaries of

People v. Braxton

Appellate Division of the Supreme Court of New York, Second Department
Nov 12, 1991
177 A.D.2d 583 (N.Y. App. Div. 1991)
Case details for

People v. Braxton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES BRAXTON…

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

Date published: Nov 12, 1991

Citations

177 A.D.2d 583 (N.Y. App. Div. 1991)
576 N.Y.S.2d 299

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Conclusion Defendant directs the court to People v. Perez ( 64 N.Y.2d 868 [gunshot]) and People v. Braxton (…