People v. Mathure

Appeal by defendant from a judgment of the Supreme Court, Queens County (O’Brien, J.), rendered May 2, 1982, convicting him of murder in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Under the facts of this case, the jury could “conclude that it was not a reasonable possibility” that defendant’s “conduct is equally consistent with” an intent to merely seriously injure rather than to kill (People v Bracey, 41 NY2d 296, 302). Therefore, there is no basis for reducing the conviction of murder in the second…