| People v Ambroise |
| 2015 NY Slip Op 08426 [133 AD3d 770] |
| November 18, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Marcus Ambroise, Appellant. |
Lynn W.L. Fahey, New York, N.Y. (John B. Latella of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and AmyAppelbaum of counsel; Matthis Chiroux on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County(Tomei, J.), rendered February 25, 2013, convicting him of attempted murder in thesecond degree and criminal possession of a weapon in the second degree, upon a juryverdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to support theconvictions of attempted murder in the second degree and criminal possession of aweapon in the second degree is unpreserved for appellate review (see CPL470.15 [2]; People vHawkins, 11 NY3d 484, 492 [2008]; People v Gray, 86 NY2d 10, 19[1995]; People v Martinez,116 AD3d 983 [2014]; People v Kearney, 25 AD3d 622 [2006]; People vButler, 265 AD2d 487 [1999]). In any event, viewing the evidence in the light mostfavorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), wefind that it was legally sufficient to establish the defendant's guilt of those crimes beyonda reasonable doubt (see People vCallicut, 101 AD3d 1256, 1258 [2012]; People v Bryant, 36 AD3d 517 [2007]; People vLewis, 277 AD2d 603 [2000]; People v Holmes, 260 AD2d 942, 943[1999]). Contrary to the defendant's contention that the evidence was insufficient toprove that he intended to kill the victim, his intent may be inferred from his conduct andthe surrounding circumstances (see People v Bracey, 41 NY2d 296, 301 [1977];People v Mutterperl, 97AD3d 699 [2012]; People v Holmes, 260 AD2d at 943). Moreover, upon ourindependent review of the evidence pursuant to CPL 470.15 (5), we are satisfied that theverdict was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]). Rivera, J.P.,Balkin, Miller and Hinds-Radix, JJ., concur.