People v. Vukel

OPINION OF THE COURT

Dominic R. Massaro, J.

Joseph Vukel stands convicted of the crimes of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]) and assault in the second degree (Penal Law § 120.05 [2]). He now prays for the court to set aside the attempted murder guilty verdict pursuant to CPL 330.30 (1).

Factual Findings

In the early morning hours of July 5, 1991, Patrick Hayes, while sitting on a bench alongside Van Cortland Park in the Bronx, became the victim of a baseball bat attack carried out by two brothers: Anthony Vukel and the within defendant, Joseph Vukel. The…