People v. Miller
Cases that cite this one
11 later published cases cite this decision.
- People v. Augustus (Appellate Division of the Supreme Court of New York 2026)
- People v. Rivers (Appellate Division of the Supreme Court of New York 2024)
- People v. King (Appellate Division of the Supreme Court of New York 2018)
- People v. Scaringe (Appellate Division of the Supreme Court of New York 2016)
- People v. Hernandez (Appellate Division of the Supreme Court of New York 2015)
- People v. Miller (Appellate Division of the Supreme Court of New York 2013)
- People v. Miller (Appellate Division of the Supreme Court of New York 2013)
- WINEBRENNER, CYRIL, PEOPLE v (Appellate Division of the Supreme Court of New York 2012)
- People v. Winebrenner (Appellate Division of the Supreme Court of New York 2012)
- People v. Winebrenner (Appellate Division of the Supreme Court of New York 2012)
- People v. Sweeney (Appellate Division of the Supreme Court of New York 2011)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, ICings County (D’Emic, J.), rendered December 6, 2007, convicting him of murder in the second degree and criminal possession of a weapon in the fourth degree (three counts), after a nonjury trial, and imposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish beyond a reasonable doubt that the defendant possessed the intent to kill the decedent (see Penal Law § 125.25 [1]). The defendant’s intent to cause death can be inferred from evidence that he occluded the decedent’s airways both by strangling her and by shoving a knotted and folded bandana deeply into her mouth (see People v Bonney, 69 AD3d 1116, 1118 [2010]; People v Delosh, 2 AD3d 1047, 1048-1049 [2003]; People v Tarnowski, 148 AD2d 1001 [1989]; cf. People v Marrero, 67 AD2d 951 [1979]). Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342, 348 [2007]), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633, 644-645 [2006]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80, 83 [1982]).
The defendant’s remaining contentions are without merit. Dillon, J.P., Balkin, Belen and Austin, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.