PEOPLE v. ROSS (2000)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Robert ROSS, Defendant-Appellant.

Decided: March 07, 2000

NARDELLI, J.P., WILLIAMS, ELLERIN, WALLACH and SAXE, JJ.

Allen H. Saperstein, for Respondent. Jan Hoth-Uzzo, for Defendant-Appellant.

Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered October 22, 1997, convicting defendant, after a jury trial, of attempted murder in the second degree, and sentencing him to a term of 4 to 12 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Defendant's intent to kill could be reasonably inferred from his conduct, including his infliction of two deep stab wounds in the vicinity of vital organs causing life-threatening injuries (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).

MEMORANDUM DECISION.

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