People v. Gibbs

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him after a jury trial of murder in the second degree (Penal Law §§ 20.00, 125.25 [1]). A witness testified at trial that she observed a vehicle drive into a ditch shortly after 2:00 a.m. on July 12, 1996, in a rural area. The witness drove to a nearby house and called 911 for assistance and, while waiting for the police to arrive, observed the vehicle *866moving as if someone were trying to remove it from the ditch. A police officer who arrived at the scene less than 10 minutes later found the victim lying…