People v. Hernandez

233 A.D.2d 273, 650 N.Y.S.2d 539, 1996 N.Y. App. Div. LEXIS 12145

Opinion

Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered January 7, 1994, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him to a term of 7 to 21 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). Defendant’s intent to cause serious physical injury was established by testimony that, after urging a group of friends to arm themselves with bottles and rocks in order to confront another group about derogatory comments that they had made, defendant took out a gun, pointed it at members of the group who stood about twenty feet away and fired one shot at the group and a second shot as he fled from the scene. Concur—Rosenberger, J. P., Rubin, Ross, Tom and Andrias, JJ.