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People v. Underwood

Appellate Division of the Supreme Court of New York, Second Department
Jan 12, 1987
126 A.D.2d 584 (N.Y. App. Div. 1987)

Opinion

January 12, 1987

Appeal from the County Court, Orange County (Isseks, J.).


Ordered that the judgment is affirmed.

The defendant contends that he was arrested without probable cause and that the police unlawfully entered his premises to effect an arrest without first securing a warrant. However, the defendant failed to raise these contentions at any point before the court of first instance. Hence, he has failed to preserve these issues for appellate review and has deprived this court of an adequate record upon which to exercise a reasoned and intelligent review of his contentions (see, People v. Coleman, 56 N.Y.2d 269; People v. Martin, 50 N.Y.2d 1029; People v. Manners, 118 A.D.2d 734; People v. Shaoul, 96 A.D.2d 892).

The defendant's contention that the People failed to prove the element of intent to cause death beyond a reasonable doubt is without merit. The evidence, viewed in the light most favorable to the People (see, People v. Ford, 66 N.Y.2d 428, 437; People v Milea, 112 A.D.2d 1011), amply supports the jury's verdict finding the defendant guilty beyond a reasonable doubt of intentional murder (see, People v. Contes, 60 N.Y.2d 620). Indeed, the testimony of several eyewitnesses demonstrated that the defendant argued with the decedent and then stated that he would kill him. The defendant returned to the scene shortly thereafter armed with a loaded rifle and shot the decedent twice at close range, puncturing the latter's heart and lung. Thus, the record reveals no basis for disturbing the jury's verdict (see, People v. Peter, 122 A.D.2d 894; People v. Mathure, 111 A.D.2d 876; People v. Rosenfeld, 93 A.D.2d 872).

We have considered the defendant's additional contentions raised in his pro se supplemental affidavit and find them to be without merit. Thompson, J.P., Niehoff, Kunzeman and Sullivan, JJ., concur.


Summaries of

People v. Underwood

Appellate Division of the Supreme Court of New York, Second Department
Jan 12, 1987
126 A.D.2d 584 (N.Y. App. Div. 1987)
Case details for

People v. Underwood

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY UNDERWOOD…

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

Date published: Jan 12, 1987

Citations

126 A.D.2d 584 (N.Y. App. Div. 1987)

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