People v. Fils-Amie

291 A.D.2d 358, 738 N.Y.S.2d 342, 2002 N.Y. App. Div. LEXIS 2130

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 28, 2002
• Status: Published

Opinion

—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 NY2d 296), including defendant’s infliction of a stab wound to the victim’s back in the vicinity of vital organs (see, People v Suero, 235 AD2d 357, lv denied 89 NY2d 1101; People v Jamison, 173 AD2d 341, lv denied 78 NY2d 955), and his actions before and after the incident. We perceive no basis for a reduction of sentence. Concur — Tom, J.P., Andrias, Saxe, Wallach and Rubin, JJ.