PEOPLE v. BRELAND III

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

PEOPLE of the State of New York, Plaintiff-Respondent, v. Henry D. BRELAND, III, Defendant-Appellant.

Decided: March 31, 1999

Present:  DENMAN, P.J., GREEN, PINE, HAYES and HURLBUTT, JJ. James P. Maxwell,Onondaga County District Attorney's Office, Syracuse, for plaintiff-respondent. Robert Paul Rickert, Hiscock Legal Aid Society, Syracuse, for defendant-appellant.

Defendant appeals from a judgment convicting him following a jury trial of five counts of attempted murder in the first degree (Penal Law §§ 110.00, 125.27[1][a][vii] ), and one count each of attempted robbery in the first degree (Penal Law §§ 110.00, 160.15[2] ) and criminal possession of a weapon in the second degree (Penal Law § 265.03[2] ).  The verdict is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).   The evidence supports the jury's finding that defendant intended to cause the death of the victims by firing his weapon while running toward them (see, People v. Cabassa, 79 N.Y.2d 722, 728, 586 N.Y.S.2d 234, 598 N.E.2d 1, cert. denied sub nom. Lind v. New York, 506 U.S. 1011, 113 S.Ct. 633, 121 L.Ed.2d 563).   The sentence is neither unduly harsh nor severe.

Judgment unanimously affirmed.

MEMORANDUM: