Summary
finding that it was reasonable for the jury to infer intent to kill after defendant beat the complainant after it was apparent that the stabber had homicidal intent
Summary of this case from Hernandez v. LeeOpinion
November 18, 1993
Appeal from the Supreme Court, New York County (Richard B. Lowe, III, J.).
Viewed in a light most favorable to the prosecution, the evidence was sufficient to prove beyond a reasonable doubt that the defendant acted in concert with another in attempting to cause the death of the complainant (People v Contes, 60 N.Y.2d 620, 621). The testimony of the complainant, corroborated by that of the manager of the drop-in center, indicates that immediately after complainant and the manager left the building, defendant's accomplice, who was waiting outside along with defendant, retrieved a sharp metal object, approached complainant and stabbed him in the abdomen. Defendant stood nearby as this happened. When complainant tried to run away, defendant chased after him, knocked him to the ground and punched him as the partner stabbed complainant in the back. Since defendant participated in restraining and beating complainant after it was apparent that the stabber had homicidal intent, it was reasonable for the jury to conclude that it was the purpose of both men to cause complainant's death (see, People v Bell, 94 A.D.2d 894, 896, affd 63 N.Y.2d 796).
We have considered defendant's remaining contentions and find them to be without merit.
Concur — Wallach, J.P., Kupferman, Ross, Kassal and Nardelli, JJ.