Appellate Division of the Supreme Court of New York, 1992

People v. Moore

People v. Moore
Appellate Division of the Supreme Court of New York · Decided June 5, 1992
184 A.D.2d 1042; 584 N.Y.S.2d 502; 1992 N.Y. App. Div. LEXIS 8289
People v. Moore

Opinion of the Court

Judgment unanimously affirmed. Memorandum: We conclude that the jury’s guilty verdict on the attempted murder count was not contrary to the weight of evidence (see, People v Bleakley, 69 NY2d 490, 495). Although a contrary determination would not have been unreasonable, a finding of intent to kill was inferable from the circumstances, including the multiple stab wounds suffered by the victim, the fact that defendant continued to stab the victim until he collapsed, and verbal threats defendant made during the dispute (see, People v Horton, 18 NY2d 355, 359, cert denied 387 US 934; People v McDavis, 97 AD2d 302). (Appeal from Judgment of Supreme Court, Erie County, Forma, J. — Attempted Murder, 2nd Degree.) Present — Den-man, P. J., Boomer, Pine, Balio and Boehm, JJ.

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