People v. Alburger

—White, J.

Appeal from a judgment of the County Court of Albany County (Keegan, J.), rendered January 22, 1996, upon a verdict convicting defendant of the crime of murder in the second degree.

On September 14, 1994, defendant, an inspector for the Department of Transportation, brutally murdered Amy Magee (hereinafter the victim) by striking her numerous times with a six-pound bit from a jackhammer and strangling her with a wire cord. The autopsy report concluded that the victim died from a combination of blows and asphyxiation.

Earlier on the day in question the victim called defendant to…