Opinion
February 21, 1995
Appeal from the Supreme Court, Bronx County (Lawrence Tonetti, J.).
There was sufficient proof that defendant intended to kill his victim, whom he stabbed numerous times in the chest (People v Contes, 60 N.Y.2d 620). The jury was free to reject defendant's evidence that he was so intoxicated at the time of the crime that he was unable to form the requisite intent. Nor was defendant's conviction against the weight of the evidence (People v Bleakley, 69 N.Y.2d 490, 495). Finally, we perceive no abuse of discretion in sentencing. This was a brutal murder carried out in the presence of the victim's infant children.
Concur — Wallach, J.P., Rubin, Ross, Asch and Mazzarelli, JJ.