People v. Infante

Appellate Division of the Supreme Court of New York

People v. Infante

187 A.D.2d 316, 589 N.Y.S.2d 165, 1992 N.Y. App. Div. LEXIS 12813

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

DecidedNovember 10, 1992

StatusPublished

This text of 187 A.D.2d 316 (People v. Infante) 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. Infante, 187 A.D.2d 316, 589 N.Y.S.2d 165, 1992 N.Y. App. Div. LEXIS 12813 (N.Y. Ct. App. 1992).

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Opinion

Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered August 13, 1990, convicting defendant, after a nonjury trial, of murder in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, and sentencing him to concurrent terms of 15 years to life, 5 to 15 years, and 2 Vs to 7 years, respectively, unanimously affirmed.

Under the standards set forth in People v Bleakley (69 NY2d 490, 494-495), the evidence was sufficient to support the verdict and the verdict was not against the weight of the evidence. It was defendant’s burden to prove by a preponderance of the evidence (People v Moye, 66 NY2d 887, 889) that he in fact acted under extreme emotional disturbance for which there was a reasonable explanation or excuse (Penal Law § 125.25 [1] [a]; see generally, People v Casassa, 49 NY2d 668, 677-680, cert denied 449 US 842). This he failed to do, maintaining at trial that he shot the victim, his cousin, in a blind rage after suspecting him for several months of having an affair with his wife. Defendant also admitted that he purchased the murder weapon two months prior to the shooting, and several of the People’s witnesses testified to defendant’s repeated threats to the victim. Furthermore, defendant admitted in pretrial statements that he had intended to kill the cousin. Concur—Carro, J. P., Ellerin, Asch and Rubin, JJ.

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Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered August 13, 1990, convicting defendant, after a nonjury trial, of murder in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, and sentencing him to concurrent terms of 15 years to life, 5 to 15 years, and 2 Vs to 7 years, respectively, unanimously affirmed.

Under the standards set forth in People v Bleakley (69 NY2d 490, 494-495), the evidence was sufficient to support the verdict and the verdict was not against the weight of the evidence. It was defendant’s burden to prove by a preponderance of the evidence (People v Moye, 66 NY2d 887, 889) that he in fact acted under extreme emotional disturbance for which there was a reasonable explanation or excuse (Penal Law § 125.25 [1] [a]; see generally, People v Casassa, 49 NY2d 668, 677-680, cert denied 449 US 842). This he failed to do, maintaining at trial that he shot the victim, his cousin, in a blind rage after suspecting him for several months of having an affair with his wife. Defendant also admitted that he purchased the murder weapon two months prior to the shooting, and several of the People’s witnesses testified to defendant’s repeated threats to the victim. Furthermore, defendant admitted in pretrial statements that he had intended to kill the cousin. Concur—Carro, J. P., Ellerin, Asch and Rubin, JJ.

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Bluebook (online)

187 A.D.2d 316, 589 N.Y.S.2d 165, 1992 N.Y. App. Div. LEXIS 12813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-infante-nyappdiv-1992.

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