Opinion
July 13, 1990
Appeal from the Erie County Court, Dillon, J.
Present — Denman, J.P., Boomer, Pine, Balio and Lowery, JJ.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him of attempted murder in the first degree and attempted assault in the first degree with respect to a police officer, and kidnapping in the first degree and reckless endangerment in the second degree with respect to an insurance saleswoman, stemming from an incident at the Greater Buffalo International Airport. He took the woman hostage and demanded an airplane to take him to Japan. After the woman escaped from him, defendant, while holding a pointed steak knife with a five-inch serrated blade, ran at the police officer. When defendant, with the knife raised, was within three or four feet of the officer, the officer shot him twice in the leg, stopping his advance. Defendant contends on appeal that the proof of intent of attempted murder and attempted assault was legally insufficient. Intent may be inferred from defendant's conduct and the surrounding circumstances (see, People v Bracey, 41 N.Y.2d 296, 302, rearg denied 41 N.Y.2d 1010) and actual injury is not required (see, People v. Austin, 106 A.D.2d 859). We find the proof of intent legally sufficient (see, People v. Ciola, 136 A.D.2d 557, lv denied 71 N.Y.2d 893; People v Austin, supra).
We have examined defendant's remaining arguments on appeal and find them without merit.