People v. Ali

Memorandum. The order of the Appellate Division should be affirmed.

Defendant was indicted for attempted murder, attempted first degree assault, second degree assault and reckless endangerment and for felonious possession of a loaded firearm outside his “home or place of business” (Penal Law, § 265.05, subd 2, the section in effect at the time of defendant’s offense). 1

On trial there was uncontroverted evidence that defendant followed his wife out of his delicatessen onto the sidewalk and fired a gun several times in the direction of an occupied parked car which she had just entered. One of…