Summary
finding elements of attempted first degree murder established based on evidence that defendant in police custody suddenly pulled a loaded weapon from his waistband, placed his finger on the trigger, and pointed it at arresting officers' mid-sections
Summary of this case from Smith v. ErcoleOpinion
July 17, 1995
Appeal from the Supreme Court, Queens County (Finnegan, J.).
Ordered that the order is reversed, on the law, the defendant's motion to dismiss the indictment is denied, and the indictment is reinstated.
We agree with the People that the evidence before the Grand Jury was legally sufficient to establish the elements of attempted murder in the first degree (see, People v. Galatro, 84 N.Y.2d 160, 163-164; People v. Jennings, 69 N.Y.2d 103, 114; People v. Diaz, 201 A.D.2d 580; People v. Murphy, 198 A.D.2d 525; People v Moore, 165 A.D.2d 884; cf., People v. Bracey, 41 N.Y.2d 296). There was legally sufficient evidence that the defendant, while in police custody, suddenly pulled a loaded weapon from his waistband, placed his finger on the trigger and pointed it at the arresting officers' midsections (see, People v. Moore, supra; cf., People v. Mendez, 197 A.D.2d 485).
Further, the prosecutor's conduct did not impair the integrity of the Grand Jury (see, CPL 210.35; 210.20 [1] [c]; see also, People v. Darby, 75 N.Y.2d 449, 454; cf., People v. Pelchat, 62 N.Y.2d 234). Specifically, the evidence fails to support the contention that the prosecutor improperly influenced the Grand Jury to rescind its prior request for production of a defense witness (CPL 190.50, [6]). Sullivan, J.P., O'Brien, Thompson and Santucci, JJ., concur.