People v. Smith

Judgment unanimously affirmed. Memorandum: Viewing the proof in the light most favorable to the People (People v Malizia, 62 NY2d 755, 757, cert denied 469 US 932), we conclude that the evidence was legally sufficient to support the jury’s determination that defendant intended to cause the victim’s death. Although the mere fact that the victim was shot is not sufficient (cf, People v Marrero, 67 AD2d 951), intent may be inferred from the nature of defendant’s conduct in the context of the surrounding circumstances (People v Horton, 18 NY2d 355, 359, cert denied 387 US 934). In this case, the…