PEOPLE v. AVEILLE


148 A.D.2d 461 (1989)

The People of the State of New York, Respondent, v. Hermenegildo Aveille, Also Known as Hermenegulgo Aveille, Appellant

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

March 6, 1989


Ordered that the judgment is affirmed.

Contrary to the defendant's claim on appeal, the prosecution adduced legally sufficient evidence from which the jury could reasonably infer that the defendant intended to cause the deceased serious physical injury. The testimony of a disinterested eyewitness established that the defendant, angered by his belief that the 60-year-old deceased had made sexual advances to the defendant's wife, hurled a "boulder" overhand from a distance...

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