PEOPLE v. SMITH


303 A.D.2d 247 (2003)

755 N.Y.S.2d 834

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JARRETT SMITH, Appellant.

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

Decided March 18, 2003.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility. Defendant's intent to kill the victims of the November 25, 1999 robbery could be reasonably inferred from the totality of the evidence, including the fact that either defendant or the person with whom he was acting in concert fired shots from a short distance at the two victims, who were fleeing...

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