People v. Austin

Judgment unanimously affirmed. Memorandum: During the course of his escape from the scene of a robbery, defendant exchanged gunfire with a police officer. As the result of this incident, he was tried and convicted of attempted murder. We reject defendant’s contention that there was insufficient evidence to prove that the defendant intended to kill, rather than to injure, the officer. From defendant’s actions in firing two shots directly at the officer at close range, the jury could properly infer an intent to kill.

The claimed error in the charge concerning the effect of intoxication was not…