People v. Culpepper
| Decision Date | 31 March 1986 |
| Citation | 118 A.D.2d 866,500 N.Y.S.2d 350 |
| Parties | The PEOPLE, etc., Respondent, v. Anthony CULPEPPER, a/k/a Anthony Colpapper, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Philip L. Weinstein, New York City (David Samel, of counsel), for appellant.
Elizabeth Holtzman, Dist. Atty., Brooklyn (Barbara D. Underwood, Sarah G. Noll and Andrew J. Frisch, of counsel), for respondent.
Before LAZER, J.P., and THOMPSON, NIEHOFF and KUNZEMAN, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Fuchs, J.), rendered October 28, 1982, convicting him of murder in the second degree and attempted murder in the second degree, upon a jury verdict, and imposing sentence.
Judgment affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that the jury could find, beyond a reasonable doubt, that the defendant possessed the intent to murder Arthur Green. Such intent could be inferred from the defendant's repeated firing of a gun in Green's direction shortly after an altercation the defendant had with Green and others, and immediately after the defendant twice shot and seriously injured Marjorie McDonald (see, People v. Barnes, 50 N.Y.2d 375, 381, 429 N.Y.S.2d 178, 406 N.E.2d 1071; People v. Horton, 18 N.Y.2d 355, 359, 275 N.Y.S.2d 377, 221 N.E.2d 909, remittitur amended 19 N.Y.2d 388, 278 N.Y.S.2d 388, 224 N.E.2d 884, cert. denied 387 U.S. 934, 87 S.Ct. 2059, 18 L.Ed.2d 997; People v. O'Dell, 111 A.D.2d 937, 491 N.Y.S.2d 46; People v. Austin, 106 A.D.2d 859, 483 N.Y.S.2d 519).
The defendant's unpreserved claim of error in the court's interested witness charge does not require a reversal in light of the strength of the evidence of guilt (cf. People v. Brabham, 77 A.D.2d 626, 430 N.Y.S.2d 123). Nor do we find the defendant's sentence to be inappropriate.
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...118 A.D.3d 1127, 1129, 987 N.Y.S.2d 501 [2014], lv denied 24 N.Y.3d 1086, 1 N.Y.S.3d 13, 25 N.E.3d 350 [2014] ; People v. Culpepper, 118 A.D.2d 866, 866, 500 N.Y.S.2d 350 [1986], lvs denied 68 N.Y.2d 667, 505 N.Y.S.2d 1032, 496 N.E.2d 690 [1986] ). Moreover, viewing the evidence in a neutra......
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People v. Hamilton
...People, we find that the proof was legally sufficient to support defendant's convictions of these crimes (see People v. Culpepper, 118 A.D.2d 866, 866, 500 N.Y.S.2d 350 [1986], lv. denied 68 N.Y.2d 667, 505 N.Y.S.2d 1032, 496 N.E.2d 690 [1986] ; see also People v. Miller, 118 A.D.3d 1127, 1......
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...355, 359, 275 N.Y.S.2d 377, 221 N.E.2d 909, cert. denied 387 U.S. 934, 87 S.Ct. 2059, 18 L.Ed.2d 997; see also, People v. Culpepper, 118 A.D.2d 866, 500 N.Y.S.2d 350; People v. Milea, 112 A.D.2d 1011, 1013, 492 N.Y.S.2d 650). Viewing the evidence in the light most favorable to the prosecuti......
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