PEOPLE v. AUSTIN


106 A.D.2d 859 (1984)

The People of the State of New York, Respondent, v. Robert Austin, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 14, 1984


Judgment unanimously affirmed.

Memorandum:

During the course of his escape from the scene of a robbery, defendant exchanged gunfire with a police officer. As the result of this incident, he was tried and convicted of attempted murder. We reject defendant's contention that there was insufficient evidence to prove that the defendant intended to kill, rather than to injure, the officer. From defendant's actions in firing two shots directly at the officer at close...

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