People v. Broadnax
| Citation | 861 N.Y.S.2d 875,2008 NY Slip Op 05437,52 A.D.3d 1306 |
| Decision Date | 13 June 2008 |
| Docket Number | KA 04-02291. |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTONIO BROADNAX, Appellant. |
| Court | New York Supreme Court Appellate Division |
Appeal from a judgment of the Onondaga County Court (Anthony F. Aloi, J.), rendered September 9, 2004. The judgment convicted defendant, upon a jury verdict, of murder in the second degree, criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Defendant appeals from a judgment convicting him after a jury trial of, inter alia, murder in the second degree (Penal Law § 125.25 [1]). Defendant contends that the People committed a Brady violation by failing to provide him, prior to the commencement of the trial, with a copy of the statement of a potential witness concerning a conversation between defendant and his uncle that she overheard, wherein defendant stated that he acted in self-defense. We reject that contention. The record establishes that the defense had been provided with the statement given by defendant's uncle to the police indicating that defendant stated that he shot the victim after the victim pulled a knife on him. The statement of the potential witness thus did not constitute Brady material, because "[p]ossession of the statement[] would not have revealed any essential [exculpatory] information that the defense did not already know" (People v LaValle, 3 NY3d 88, 110 [2004]).
Defendant failed to preserve for our review his contention that the evidence is legally insufficient with respect to the element of intent to commit the crime of murder in the second degree (see People v Gray, 86 NY2d 10, 19 [1995]). In any event, that contention is without merit. "Intent to kill may be inferred from defendant's conduct [and] the circumstances surrounding the crime" (People v Price, 35 AD3d 1230, 1231 [2006], lv denied 8 NY3d 926). Here, the People presented evidence establishing that defendant admitted to the police that he was at the location of the murder with the victim; a witness saw the victim engaged in a heated confrontation with another man immediately before hearing a gunshot; the victim died from a gunshot wound to the head, and the bullet was fired from the gun recovered from the apartment of defendant's uncle, where defendant was located by the police; and the victim's blood was on one of defendant's boots and on d...
To continue reading
Request your trial
-
People v. Huff
...have not been preserved for our review (see People v. Gray,86 N.Y.2d 10, 19, 629 N.Y.S.2d 173, 652 N.E.2d 919; People v. Broadnax,52 A.D.3d 1306, 1307, 861 N.Y.S.2d 875, lv. denied11 N.Y.3d 830, 868 N.Y.S.2d 604, 897 N.E.2d 1088). In any event, those contentions lack merit. Here, defendant'......
-
People v. Stover
...166 A.D.3d 1057, 1058, 87 N.Y.S.3d 711 [2018], lv denied 33 N.Y.3d 953, 100 N.Y.S.3d 206, 123 N.E.3d 865 [2019] ; People v. Broadnax, 52 A.D.3d 1306, 1307, 861 N.Y.S.2d 875 [2008], lv denied 11 N.Y.3d 830, 868 N.Y.S.2d 604, 897 N.E.2d 1088 [2008] ). Further, the evidence clearly confirmed t......
-
People v. Maull
...N.Y.3d 852, 909 N.Y.S.2d 29, 935 N.E.2d 821 [2010] ), and that defendant did so with an intent to kill (see generally People v. Broadnax, 52 A.D.3d 1306, 1307, 861 N.Y.S.2d 875 [4th Dept. 2008], lv denied 11 N.Y.3d 830, 868 N.Y.S.2d 604, 897 N.E.2d 1088 [2008] ). Moreover, County Court char......
-
Broadnax v. Conway
...the verdict." See Dkt. No. 13-4. On June 13, 2008, the Appellate Division unanimously affirmed the conviction. See People v. Broadnax, 52 A.D.3d 1306 (4th Dept. 2008). The court held that the statement and testimony of Holly Rao did not constitute Brady material because the information was ......