Opinion
January 29, 1991
Appeal from the Supreme Court, New York County (Herman Cahn, J.).
The evidence at trial, viewed in a light most favorable to the People, was sufficient for the jury to conclude that defendant possessed the requisite intent to kill the police officer when he fired three shots, striking the officer once. (See, People v Milea, 112 A.D.2d 1011, 1013, lv denied 66 N.Y.2d 921.) The People established defendant's motive, arising out of the fact that the officer had participated in defendant's arrest approximately six weeks earlier. There was also sufficient support for the view that defendant's consumption of drugs did not render him so intoxicated as to be unable to form the requisite intent, since immediately after the shooting, he concealed the weapon. (People v Donohue, 123 A.D.2d 77, 80, lv denied 69 N.Y.2d 879, 949.)
Defendant has failed to demonstrate that the sentencing court abused its discretion.
Concur — Rosenberger, J.P., Ellerin, Wallach, Smith and Rubin, JJ.