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PEOPLE v. MITCHELL

24 A.D.3d 103 (2005)

806 N.Y.S.2d 187

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL MITCHELL, Appellant.

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

December 1, 2005.

The verdict was not against the weight of the evidence (see People v. Bleakley, 69 N.Y.2d 490 [1987]). Defendant was convicted of attempting to steal a car at gunpoint from a first victim, and of a subsequent felony murder, in very close spatial and temporal proximity to the attempted robbery, in which a car and cell phone were taken from a second victim, who was shot to death. With respect to the attempted robbery, there is no basis...

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