People v. Kolb

— Appeal by the defendant from a judgment of the County Court, Suffolk County (Vaughn, J.), rendered April 10, 1984, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The evidence indicated that, after the codefendant Michael Kolb had assaulted the victim with a baseball bat and was in the process of administering a further beating, the defendant came up to him and stabbed him. As Officer Maguire approached the victim, the victim said, "I have been stabbed. I’m dying. Look at me”. He then pulled his left arm from across his stomach…