People v. Breland

Appellate Division of the Supreme Court of New York

People v. Breland

259 A.D.2d 1040, 688 N.Y.S.2d 351, 1999 N.Y. App. Div. LEXIS 3470

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 31, 1999

StatusPublished

Cited by1 cases

This text of 259 A.D.2d 1040 (People v. Breland) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Breland, 259 A.D.2d 1040, 688 N.Y.S.2d 351, 1999 N.Y. App. Div. LEXIS 3470 (N.Y. Ct. App. 1999).

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Opinion

Judgment unanimously affirmed. Memorandum: 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 NY2d 490, 495). 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 NY2d 722, 728, cert denied sub nom. Lind v New York, 506 US 1011). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Supreme Court, Onondaga County, Brunetti, J. — Attempted Murder, 1st Degree.) Present — Denman, P. J., Green, Pine, Hayes and Hurlbutt, JJ.

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Judgment unanimously affirmed. Memorandum: 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 NY2d 490, 495). 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 NY2d 722, 728, cert denied sub nom. Lind v New York, 506 US 1011). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Supreme Court, Onondaga County, Brunetti, J. — Attempted Murder, 1st Degree.) Present — Denman, P. J., Green, Pine, Hayes and Hurlbutt, JJ.

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Bluebook (online)

259 A.D.2d 1040, 688 N.Y.S.2d 351, 1999 N.Y. App. Div. LEXIS 3470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-breland-nyappdiv-1999.

Opinion

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