Opinion
November 15, 1985
Appeal from the Cayuga County Court, Corning, J.
Present — Hancock, Jr., J.P., Doerr, Green, O'Donnell and Schnepp, JJ.
Judgment unanimously affirmed. Memorandum: The evidence presented at trial concerning the nature and severity of the victim's injuries was sufficient to entitle the jury to infer defendant's intent to kill (People v McDavis, 97 A.D.2d 302, 303). The testimony of Anthony Liccione, a convicted murderer, was not incredible as a matter of law (People v Stroman, 83 A.D.2d 370, 373). The jury had been informed that Liccione was incarcerated for murder and that he had previously testified against an inmate accused of murdering a cook at Attica Prison. The court adequately instructed the jury that the witness' past conviction and possible interest in the outcome of the case could affect his credibility. The issue of the witness' credibility was for the jury (People v Majeer, 100 A.D.2d 830, 831). We have examined defendant's remaining contentions and find them to be without merit.