People v. Hull

I respectfully dissent because, in my view, there is not a reasonable view of the evidence to sustain a finding that defendant intended to cause serious physical injury to the victim rather than to kill him (see CPL 300.50 [1]; People v Martin, 59 NY2d 704, 705 [1983]; People v Glover, 57 NY2d 61, 63 [1982]). “[T]he element of intent . . . may be inferred from a defendant’s conduct and the surrounding circumstances, as well as from the act itself” (People v Callicut, 101 AD3d 1256, 1258 [2012], lv denied 20 NY3d 1096 [2013] [internal quotation marks and citations omitted]; see People v…