People v. Stewart, 260 A.D.2d 942 (N.Y. App. Div. 1999). · Go Syfert
Search
People v. Stewart, 260 A.D.2d 942 (N.Y. App. Div. 1999). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 2 distinct cases · …evidence that a person 'fired a shot at close range into another's head is sufficient to support the inference that the person intended to kill the victim ⚠ not in text
19 citation events (15 in the last 25 years) across 3 distinct courts.
Strongest positive: People v. Graham (nyappdiv, 2019-07-31)
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Graham
N.Y. App. Div. · 2019 · confidence medium
The testimony of the witness who was with defendant at the time of the shooting constituted legally sufficient evidence that defendant was the perpetrator, and defendant's intent to kill may be inferred from his conduct in shooting the victim in the back of the head ( see People v Chase , 158 AD3d 1233 , 1234-1235 [4th Dept 2018], lv denied 31 NY3d 1080 [2018]; People v Holmes , 260 AD2d 942, 943 [3d Dept 1999], lv denied 93 NY2d 1020 [1999]).
discussed Cited as authority (rule) People v. Ambroise
N.Y. App. Div. · 2015 · confidence medium
In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish the defendant’s guilt of those *771 crimes beyond, a reasonable doubt (see People v Callicut, 101 AD3d 1256, 1258 [2012]; People v Bryant, 36 AD3d 517 [2007]; People v Lewis, 277 AD2d 603 [2000]; People v Holmes, 260 AD2d 942, 943 [1999]).
discussed Cited as authority (rule) People v. Sorrell
N.Y. App. Div. · 2013 · confidence medium
Finally, the People, as required, alerted the court and defendant, in advance, of the evidence sought to be admitted and the permissible, nonpropensity purposes for which it would be introduced at trial; extended arguments were heard on the record and no formal hearing beyond that was necessary (see People v Holmes, 260 AD2d 942, 943 [1999], lv denied 93 NY2d 1020 [1999]).
discussed Cited as authority (rule) People v. Sorrell
N.Y. App. Div. · 2013 · confidence medium
Finally, the People, as required, alerted the court and defendant, in advance, of the evidence sought to be admitted and the permissible, nonpropensity purposes for which it would be introduced at trial; extended arguments were heard on the record and no formal hearing beyond that was necessary (see People v Holmes, 260 AD2d 942, 943 [1999], lv denied 93 NY2d 1020 [1999]).
discussed Cited "see, e.g." People v. Vigliotti
N.Y. App. Div. · 2000 · signal: see, e.g. · confidence low
Thus, there is a valid line of reasoning and permissible inferences that could lead a rational person to conclude that defendant had the intent necessary for both the attempted murder and assault charges and caused serious physical injury (see, People v Bleakley, 69 NY2d 490, 495 ; see, e.g., People v Holmes, 260 AD2d 942, 943 , lv denied 93 NY2d 1020 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Wayne Stewart
Appellate Division of the Supreme Court of the State of New York.
Apr 29, 1999.
260 A.D.2d 942
Published

—Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered April 20, 1998, convicting defendant upon his plea of guilty of the crime of promoting prison contraband in the first degree.

Defendant, a prison inmate, pleaded guilty to the crime of promoting prison contraband in the first degree and was sentenced as a second felony offender to a prison term of 2V2 to 5 years, to be served consecutively with the prison term he was currently serving. Defense counsel seeks to be relieved of his assignment as counsel for defendant on the ground that there are no nonfrivolous issues that can be raised on appeal. Our review of the record and defense counsel’s brief leads to the same conclusion. The judgment is, accordingly, affirmed and defense counsel’s application for leave to withdraw is granted (see, People v Cruwys, 113 AD2d 979, Iv denied 67 NY2d 650).

Mercure, J. P., Crew III, Peters, Carpinello and Graffeo, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.