People v. Perez
| Decision Date | 21 February 1985 |
| Citation | 487 N.Y.S.2d 550,64 N.Y.2d 868,476 N.E.2d 995 |
| Parties | , 476 N.E.2d 995 The PEOPLE of the State of New York, Respondent, v. William PEREZ, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Michael E. Lipson, Garden City, for appellant.
Mario Merola, Dist. Atty., New York City (Stuart L. Sanders, New York City, of counsel), for respondent.
The order of the Appellate Division, 102 A.D.2d 743, 477 N.Y.S.2d 293, should be affirmed.
The evidence at trial, viewed in the light most favorable to the People, was sufficient for the jury to conclude that defendant intended to kill Martell when he fired the rifle through the locked wooden door to the back room of Martell's social club. Defenda fired the shot almost immediately after Martell had pushed the rifle away from his chest and had slammed the door shut between them. The shot was fired at a height of approximately four feet, the same height as some vital bodily organs. As the defendant could have observed, the area immediately on the other side of the door was no wider than the doorway, and the jury thus could have found that defendant assumed that Martell was in the line of fire when he shot through the door. Additionally, defendant's conduct just prior to the shooting supports a conclusion that he decided to kill Martell either to prevent him from turning defendant in for robbing a patron in the club or out of frustration for Martell not taking his attempt to rob the entire club seriously.
We have considered defendant's other arguments and find them to be without merit.
ALEXANDER, J., taking no part.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.
To continue reading
Request your trial
-
People v. Vukel
...between attempted murder and a lesser form of assaultive behavior. Conclusion Defendant directs the Court to People v. Perez, 64 N.Y.2d 868, 487 N.Y.S.2d 550, 476 N.E.2d 995 [1985] [gunshot], and People v. Braxton, 177 A.D.2d 583, 576 N.Y.S.2d 299 [2d Dept., 1991] [stabbing], to buttress hi......
-
People v. Greiner
...must apply the rule that the trial evidence is to be viewed in the light most favorable to the People (see, People v. Perez, 64 N.Y.2d 868, 869, 487 N.Y.S.2d 550, 476 N.E.2d 995; People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932). The record should be considered in its ......
-
People v. Guzman
...to the victim in order to convict a defendant of the crime of attempted murder in the second degree (People v. Perez, 64 N.Y.2d 868, 869, 487 N.Y.S.2d 550, 476 N.E.2d 995 (1985), and People v. Rivera, 157 A.D.2d 540, 541-542, 549 N.Y.S.2d 728 (1st Dept.1990), lv. denied 76 N.Y.2d 795, 559 N......
-
People v. Deresky
...defendant of two counts of attempted murder in the first degree (see, Penal Law § 125.27[1]; § 110.00; see also, People v. Perez, 64 N.Y.2d 868, 487 N.Y.S.2d 550, 476 N.E.2d 995). The jury was entitled to find that the defendant intended to murder the uniformed police officers based on the ......