PEOPLE v. OWENS

802 KA 13-01729.

144 A.D.3d 1510 (2016)

2016 NY Slip Op 07431

40 N.Y.S.3d 871

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CRAIG OWENS, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided November 10, 2016.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted.

Memorandum: Defendant appeals from a judgment convicting him after a jury trial of murder in the second degree (Penal Law § 125.25 [1]). Contrary to defendant's contention, the verdict is not against the weight of the evidence with respect to the element of intent. The evidence established that the victim had been severely beaten over a period...

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