People v. Brown

Judgment unanimously modified on the law and facts in accordance with memorandum and, as so modified, affirmed. Memorandum: The defendant, wielding a knife, engaged in an altercation with his estranged wife during which she sustained various cuts on her body. Defendant was indicted for the crime of attempt to commit murder in the first degree, contrary to sections 2 and 1044 of the Penal Law. The indictment alleged that *739defendant “wilfully, feloniously and of malice aforethought, and with an intent to kill, attempted to kill Ethel Brown by assaulting her with a deadly weapon, to wit, a knife…