People v. Matias

Judgment of the Supreme Court, New York County (P. Bernheim, J.), rendered September 29, 1983, convicting defendant, after trial by jury, of murder in the second degree (Penal Law § 125.25 [1]), and sentencing him to an indeterminate term of 20 years to life in prison, is affirmed.

The facts are fairly stated in the dissent. We note, however, that the empty knife case found in defendant’s apartment was, contrary to the conclusion reached by the dissent, properly admitted into evidence. Circumstantial evidence requires only that it "have relevance, that it tend to convince that the fact sought…