Opinion
March 31, 1999
Appeal from Judgment of Supreme Court, Onondaga County, Brunetti, J. — Attempted Murder, 1st Degree.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of five counts of attempted murder in the first degree (Penal Law § 110.00, 125.27 Penal[1][a][vii]), and one count each of attempted robbery in the first degree (Penal Law § 110.00, 160.15 Penal[2]) and criminal possession of a weapon in the second degree (Penal Law § 265.03). The verdict is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). The evidence supports the jury's finding that defendant intended to cause the death of the victims by firing his weapon while running toward them (see, People v. Cabassa, 79 N.Y.2d 722, 728, cert denied sub nom. Lind v. New York, 506 U.S. 1011). The sentence is neither unduly harsh nor severe.
Present — Denman, P. J., Green, Pine, Hayes and Hurlbutt, JJ.