People v. Steele
Opinion of the Court
—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him after a jury trial of murder in the second degree (Penal Law § 125.25 [2] [depraved indifference murder]), assault in the first degree (Penal Law § 120.10 [1]) and four counts of criminal possession of a weapon in the third degree (Penal Law § 265.02 [1]). Defendant contends that, because the jury found that he intentionally assaulted his grandfather, the jury’s finding that he did not intentionally murder his grandmother and instead acted with a depraved indifference to human life is contrary to the weight of the evidence. We disagree. It cannot be said that the jury failed to give the evidence the weight it should be accorded in finding that defendant intended to cause serious physical injury to his grandfather but did not intend to cause his grandmother’s death (see, People v Bleakley, 69 NY2d 490, 495).
We also reject defendant’s contention that the jury’s finding that the assault victim sustained a serious physical injury (see, Penal Law § 10.00 [10]; § 120.10 [1]) is contrary to the weight of the evidence. The testimony of the physician who surgically repaired the victim’s ear established that the injury constituted a protracted disfigurement (see, People v Askerneese, 256 AD2d 34, affd 93 NY2d 884; People v Edmonds, 267 AD2d 19, lv denied 94 NY2d 862).
The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Supreme Court, Erie County, Tills, J. — Murder, 2nd Degree.) Present — Pigott, Jr., P. J., Wisner, Kehoe and Balio, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.