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The PEOPLE of the State of New York, Respondent, v. Philemone FILS-AMIE, Defendant-Appellant.
Judgment, Supreme Court, New York County (Rena Uviller, J.), rendered July 8, 1999, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 20 years to life, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Defendant's homicidal intent could be reasonably inferred from his conduct and the surrounding circumstances (see, People v. Bracey, 41 N.Y.2d 296, 392 N.Y.S.2d 412, 360 N.E.2d 1094), including defendant's infliction of a stab wound to the victim's back in the vicinity of vital organs (see, People v. Suero, 235 A.D.2d 357, 654 N.Y.S.2d 114, lv. denied 89 N.Y.2d 1101, 660 N.Y.S.2d 395, 682 N.E.2d 996; People v. Jamison, 173 A.D.2d 341, 569 N.Y.S.2d 709, lv. denied 78 N.Y.2d 955, 573 N.Y.S.2d 651, 578 N.E.2d 449), and his actions before and after the incident. We perceive no basis for a reduction of sentence.
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Decided: February 28, 2002
Court: Supreme Court, Appellate Division, First Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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