People v. Gonzalez

I respectfully dissent in part and vote to affirm. In my view, the evidence is legally sufficient to support the conviction of murder in the second degree (Penal Law § 125.25 [2]). “The jury’s acquittal of defendant on the intentional murder charge merely meant that it did not find the requisite intent for that charge” (People v Fink, 251 AD2d 751, 752, lv denied 92 NY2d 924). Viewing the evidence in the light most favorable to the People, I conclude that the jury could reasonably have found that defendant acted recklessly, but not intentionally, when he carried the loaded weapon into the…