People v. Malcolm

74 A.D.3d 1483, 902 N.Y.S.2d 264
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 10, 2010
StatusPublished
Cited by27 cases

This text of 74 A.D.3d 1483 (People v. Malcolm) 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. Malcolm, 74 A.D.3d 1483, 902 N.Y.S.2d 264 (N.Y. Ct. App. 2010).

Opinion

Peters, J.

Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered October 2, 2008, upon a verdict convicting defendant of the crimes of attempted murder in the second degree, attempted assault in the first degree, reckless endangerment in the first degree and menacing in the second degree.

Unhappy with the repairs the victim made to his automobile, defendant entered the victim’s repair shop armed with a loaded semi-automatic rifle, took aim at the victim and pulled the trigger. When the rifle misfired, the victim rushed defendant and attempted to wrestle the rifle away. Upon hearing the victim’s shouts and observing the two struggling with one another on the ground, the victim’s employee called the police and secured [1484]*1484the weapon until the police arrived minutes later. Defendant was indicted for attempted murder in the second degree, attempted assault in the first degree, assault in the second degree, reckless endangerment in the first dégree and menacing in the second degree and, following a jury trial, was acquitted of the charge of assault in the second degree and found guilty on the remaining counts. Sentenced to an aggregate prison term of 10 years to be followed by five years of postrelease supervision, he appeals.

Defendant first contends that his convictions for attempted murder and attempted assault were against the weight of the evidence, specifically attacking the element of intent.

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Bluebook (online)
74 A.D.3d 1483, 902 N.Y.S.2d 264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-malcolm-nyappdiv-2010.