People v. Payne
| Decision Date | 18 March 2010 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Keith PAYNE, Appellant. |
| Court | New York Supreme Court — Appellate Division |
71 A.D.3d 1289
The PEOPLE of the State of New York, Respondent,
v.
Keith PAYNE, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
March 18, 2010.
Matthew C. Hug, Troy, for appellant.
Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), for respondent.
Before: MERCURE, J.P., SPAIN, MALONE JR., STEIN and GARRY, JJ.
MALONE JR., J.
Appeal from a judgment of the County Court of Schenectady County (Drago, J.), rendered December 19, 2008, upon a verdict convicting defendant of the crimes of attempted murder in the second degree, attempted assault in the first degree, criminal possession of a weapon in the second degree (six counts), criminal possession of a weapon in the third degree (three counts), reckless endangerment in the first degree (five counts), tampering with physical evidence (five counts) and obstruction of governmental administration in the second degree.
As a result of an incident that occurred in an apartment complex located in the City of Schenectady, Schenectady County in which defendant and others exchanged gunfire with another individual, and then engaged in a three-hour standoff with the police, defendant and three codefendants were charged in a 26-count indictment with various crimes. Following a jury trial, defendant was convicted of attempted murder in the second degree, attempted assault in the first degree, criminal possession of a weapon in the second degree (six counts), criminal possession of a weapon in the third degree (three counts), reckless endangerment in the first degree (five counts), tampering with physical evidence (five counts) and obstruction of governmental administration in the second degree. As a result of these convictions, defendant is currently serving an aggregate prison term of 38 1/2 to 50 years. Defendant appeals.
Defendant initially contends that the evidence is legally insufficient to sustain the convictions on the five counts of
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