PEOPLE v. MILLER


255 A.D.2d 460 (1998)

682 N.Y.S.2d 52

The People of the State of New York, Respondent, v. Everett Miller, Appellant

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

November 16, 1998


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt of attempted murder in the second degree beyond a reasonable doubt. The defendant's contention that the evidence did not exclude to a moral certainty the reasonable hypothesis that he never formed the...

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