People v. Mitchell

— Judgment unanimously affirmed. Memorandum: Defendant, who is mentally retarded, was convicted, following a bench trial, of murder in the second degree (Penal Law § 125.25 [1]) for stabbing Christopher Mill-house to death with a knife, following an altercation on a city street in Syracuse. On appeal, defendant contends that the evidence was legally insufficient to convict him because the People failed to prove beyond a reasonable doubt that he possessed the requisite intent to kill the victim. He also claims that the verdict was against the weight of the evidence.

The proof clearly…