People v. Rifenburgh

Appeal by the defendant from a judgment of conviction of the crime of assault in the second degree. The indictment had charged assault in the first degree but the jury convicted the defendant of the lesser charge. The defendant contends that the People failed to prove the element of intent beyond a reasonable doubt. To sustain the verdict, there must .be proof (1) that the defendant did the shooting and (2) that the act was done with the specific intent to inflict grievous bodily harm. (People v. Osinski, 281 N. Y. 129.) At the trial the prosecution established that shortly before the…