Opinion
April 2, 1990
Appeal from the County Court, Nassau County (Ain, J.).
Ordered that the judgment rendered February 7, 1985, is modified, on the law, by reversing the defendant's conviction of murder in the second degree under the first count of the indictment, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment rendered February 7, 1985, is affirmed; and it is further,
Ordered that the judgment rendered May 14, 1985, is affirmed.
The evidence adduced at trial was insufficient to establish that the defendant intended to kill the victim. Accordingly, the defendant's conviction of intentional murder under the first count of indictment No. 57785 must be reversed and the sentence imposed thereon vacated. Nevertheless, the People sufficiently established the defendant's guilt under the third and fifth counts of the indictment, and the defendant's conviction for those two counts of felony murder need not be disturbed.
We have examined the defendant's remaining arguments and find them to be without merit (see, People v. Williams, 62 N.Y.2d 285; People v. Zuluaga, 148 A.D.2d 480; People v. Armlin, 37 N.Y.2d 167, 171; People v. Corwise, 120 A.D.2d 604; People v. Pabon, 140 A.D.2d 719; People v. Bridget, 139 A.D.2d 587; People v. Suitte, 90 A.D.2d 80). Mangano, P.J., Bracken, Lawrence and Kooper, JJ., concur.