PEOPLE v. DIGGS


56 A.D.3d 795 (2008)

868 N.Y.S.2d 156

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARTIN DIGGS, Appellant.

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

November 25, 2008.


Ordered that the judgment is affirmed.

The defendant's contention that the People failed to prove, beyond a reasonable doubt, that he possessed the requisite intent to be convicted of attempted murder in the first degree is unpreserved for appellate review (see CPL 470.05 [2]; People v Udzinski, 146 A.D.2d 245 [1989]). In any event, the claim is without merit. Based on the testimony of the complainant and his partner...

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