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People v. Summerset
Citations: 100 A.D.2d 947; 474 N.Y.S.2d 838; 1984 N.Y. App. Div. LEXIS 18085
Court: Appellate Division of the Supreme Court of the State of New York; April 22, 1984; New York; State Appellate Court
Defendant appealed a judgment from the Supreme Court, Queens County, which convicted him of second-degree murder, first-degree robbery, and second-degree criminal possession of a weapon, based on a jury verdict. The appellate court modified the judgment by reversing the conviction for second-degree murder, vacating the associated sentence, and dismissing that count. The court found that the evidence presented did not establish the defendant's specific intent to commit murder. The fatal shot was fired by codefendant Billy Billups, and while the defendant displayed a gun and made threats, there was insufficient evidence to prove he intended to kill the victim, Thomas Chisolm. The court emphasized that intent must be demonstrated beyond a reasonable doubt, and the circumstances did not support the necessary inference of guilt. Other arguments raised by the defendant were deemed without merit or not preserved for appeal. The modified judgment was affirmed.