People v. Whatley

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant has been convicted of murder, second degree, after a jury trial. He does not deny that he was present at the scene of the crime but he denies that he shot decedent or that he knew of the intention of the shooter to do so. The People submitted circumstantial evidence that: defendant sought out decedent at a social gathering at the home of a friend; he induced him to leave the group to resolve a dispute with decedent’s cousin; the two men left the gathering with two women and went to defendant’s car…